Move to the civil court and file a suit for permanent injunction and obtain a stay order since you will be wffected by such action of your neighbor.
Contact a local lawyer to file the same.
Regards
Neighbour demolishing building and constructing a new house
Dear sir My neighbours house and my house has been constructed 15x40 with common pillars and beams in a 30x40 site with a common wall in between.These are the row houses built by a builder. Now my neibour wants to demolish the house andconstruct new house .The ground has rocks which he has to blast which will affect my building during blasting and construction. It will create cracks in my walls and roofs and damage my building.Hence kindly advice what legal action I have to take to stop constrction
Asked 6 years ago in Property Law
Religion: Hindu
10 Answers
1.Immeditealy file asuit for declaration and injunction.
2.No constructions in the immediate vicinity is permissible if the same causes danger to the structural strength of the neighbouring house.
3. Someet a local lawyer and prepare for the drafting and filing of the case.
Hello,
1) You can approach the local government like the Municipal council to refuse permissions to build as it is dangerous and damaging to your house that's jointly built.
2) You also have the option to approach the civil court having jurisdiction to get an injunction to stay any kind of construction.
What will be the approximate expenses to move to the civil court and in how many days I get the injunction
Asked 6 years ago
The ad interim injunction if ranted would be passed on the very same day when you file the suit and the cost varies with advocate to advocate.
Hello,
1) You can get a temporary injunction from the court almost instantly of your lawyer successfully convince the court about the expediency and the irreparable damage that can be caused to your property and life. It stood never take more than a week.
2) The fee is based on the value of the property in question against which injunction is being brought.
Fee will depend on the lawyer, from 10k to 15k apart from court fee. Also you will get the order on the second date.
You may contact a local lawyer.
Regards
File suit and seek injunction restraining neighbour from carrying on any demolition as it would damage your house
Legal fees vary depending upon lawyer engaged by you
It should not take more than 15days to obtain an injunction
The neighbor cannot undertake demolition and construction of his house at the cost of damaging his neighborhood houses.
The proposed blasting work, if undertaken would damage your building and cause peril to the inhabitants, you may first write to your neighbor to not undertake such works which would endanger the building , property and lives of the neighbors, if he do not listen to your request, you may aproach court seeking permanent injunction against him on this ground itself.
You have rights to live your life in your house without being disturbed by your neighbors by their careless and reckless attitude and without caring for the lives and properties of neighbors.
You can aproach court for remedy and relief.
What will be the approximate expenses to move to the civil court and in how many days I get the injunction
The court fee and the lawyer fee are local subjects, which you enquire locally.
Initially you may get ad-interim injunction as interim relief and later on the case may go on for years, until then the neighbor may be restricted from progressing his construction.