Hello,

There happens to be no exact law in relation to this, but you can file a civil suit for permanent injunction for the nuisance that is being created by your neighbor.

Regards

1) your neighbour cannot block your gate

2) if he blocks your gate issue him legal notice to remove his car as you cannot open your gate to remove your car

3) if he refuses to listen to reason then you can file suit and obtain injunction restraining him from blocking your gate

Complain to police against neighbour chimney as the exhaust is near your staircase

2) file suit and seek orders to direct neighbour to remove chimney as exhaust is next to your staircase abd it affects health of your family member

Sir, these issues are generally resolved personally, as no illegal activity is carried up by him .. However you can complaint to the society association about the ventilation duct and the Parking.. Further if they don't settle give a complaint to the police ..

Since, this space is an open space which neither belongs to him or you, none of you can claim a lien over it. However, having said that, if he parks his car in a manner such that your right to entry and exit are hindered with, you can definitely take recourse to a legal action.

Is there any car parking law in India. The reason for asking this question is that my neighbour parks his car on the boundaries of our houses. Because of this we cannot open our gates 180 deg but we can only open 90 deg. There are chances that when ever we open the gates if it accidentally touches he might create issues. We feel he is doing this purposefully

You can sort this issue with the neighbor who parks his vehicle without bothering about the safety of his own vehicle.

If he has parked his vehicle on the roadside though adjacent to your wall, and if this causes you disturbance you may have to make a representation to the local civic body about this nuisance.

This property belongs to local civic body hence they are the authority for initiating any action against this civil harassment or nuisance to the residents.

A right of way or light is an incorporeal right over property not amounting to possession of it, and hence disturbance of it is a nuisance.

In nuisance injury to the property of another or interference with his personal comfort or enjoyment of property is necessary.

Nuisance is an injury to the right of a person in possession of a property to undisturbed enjoyment of it and result from an improper use by another person in his property.

Inconvenience or discomfort to be considered must be more than mere delicacy or fastidious and more than producing sensitive personal discomfort or annoyance. Such annoyance or discomfort or inconvenience must be such which the law considers as substantial or material.

Section 268 of the Indian Penal Code, defines it as “an act or illegal omission which causes any common injury, danger or annoyance, to the people in general who dwell, or occupy property, in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.”

You may first issue a legal noticeto the neighbor about this cause of concern and ask him to rectify or modify his chimney so that it do not harm you by its emanation, after which you can even lodge a police complaint for this hazardous situation.

You can even file an injunction suit against him seeking to remove the chimney protruding towards your property which is harming and disturbing your possession and enjoyment of your property.