Dear Sir, I am planning to buy a new house plot at Ernakulam. The road to the proposed plot is bit narrow after a curve. I can drive my car easily while going to the plot but while returning to take the car through the curve is very troublesome. There is a house in the corner of that curve and the way he constructed the compoud wall is creating the problem. Is there any specific rules to be followed while constructing compound walls in curves or corners. If I move legally after purchasing the plot will I get justice. The owner of the house in the corner had also made some illegal extension to his house as the same compound wall is acting as the wall of one of his room. Please advice.
The compound wall is constructed long back. After the curve there is four houses and of that two houses has cars. They also are facing the difficulty to turn there cars through the corner.
1) If its illegal construction that can be pull down by municipal corporation people.
2) Before purchasing plot, do you have to sanction layout plan of whole plot, so you can get idea of the illegal house construct has that much of land or not. Check before purchasing the plot with developers and whether its proper sanctioned layout plot or not. and what is easement for road ?
If you require any more information please select consultation call.
1) file RTI application and check whether house has been constructed as per building sanctioned plans
2) if it has been constructed contrary to plans illegal construction can be demolished
3) if municipal corporation fails to take action suit can be filed to direct corporation to demolish illegal construction
File RTI application as advised and then decide your course of action
As long as the construction has been made by him on his own land there is nothing illegal in it. If, however, he has made illegal construction then you can file a suit for mandatory injunction against him to remove the construction. Better avoid purchasing the plot.
Is there any specific rules to be followed while constructing compound walls in curves or corners? The KERALA MUNICIPALITY BUILDING RULES 1999 shall apply. Refer S.62
62. Conditions regarding set back.- (1) The minimum distance between the plot boundary abutting any street other than
National Highways, State Highways, district roads and other roads notified by the
municipality and the building other than a compound wall or fence or outdoor display
structure, shall be 2 metres:Provided that any restriction under street alignment or
building line or both, if any fixed for the area and any development plan or any detailed
town planning scheme or approved road widening proposal or any other rules or byelaws
shall also apply simultaneously to all buildings
As per the above provision, you need to check the approved plan for that location and find out if there is a deviation as per the rules so that the encroachment will be removed by the town panchayat.
Yes u can file civil suit for breaking the illegal structure after buying the plot.
The law of easement applies in this case if the houses after the curve are more than 20 years old and the compound wall made after that Bittu house owners can file a case in the Civil Court for the easement and the other party who has constructed the compound wall since your willing to buy a plot you have no right to make any claim
1. Yes you can file a suit for easementary rights.
2. You may ask the court to pass an order for demolition of the unauthorized structure as the same is causing problem to you.
Regards
Please bear in mind that the same will take 5-7 years to get decided, but yes you have bright chance to get success (if some unauthorized construction is causing hindrance to you).
Regards
The house of that owner is a already existing structure hence the new buyer of some other property cannot raise an objection to the existing structure on the way to his property proposed to be purchase now.
If you feel that he has encroached the government road, then you may make a complaint agaisnt this with the civic authorities for initiating proper steps to remove encroachment.
You cannot take any action against this person directly in the court or anywhere, you have no authority over that.
If you feel this obstruction will be a cause of concern and disturb your peace once you purchase the property under proposal now, better avoid this property and look for a property elsewhere which has no such legal hassles.
The compound wall is constructed long back. After the curve there is four houses and of that two houses has cars. They also are facing the difficulty to turn there cars through the corner.
Those people never made any complaint against this to the concerned authorities, you think your complaint will be entertained especially when you have not even entered into the scene.
Legally you cannot take any action directly against that house owner since the encroached property is government road and not belonging to you.
Yes you can take action once you purchase the plot. You can inform the municipal authorities about illegal construction and encroachment of land obstructing public access.
Legally you could not widen the curve. The compound wall was constructed long back, so at present there is no law supporting your requirement. Easement laws can only help to provide the way, The easement was normally for the benefit of adjoining lands, no matter who the owner, rather than for the benefit of a specific individual . Easements frequently arise among owners of adjoining parcels of land. An easement is a non possessory interest in another's land that entitles the holder only to the right to use such land in the specified manner.
Already 4 peoples did not file any case or complaint against this to the concerned court or authorities. Think why the seller of plot is not lodged any case against this.
If you can possible try to negotiate the owner of the compound wall and alter the curve as per his permission by paying money
The owners of the houses after the curve didn't raise any complaint since now because the road was initially very narrow some 5 to 6 years back, the owner of the house at the curve also gave his land to widen the road to the existing stage. That is the reason why those people didn't object the illegal construction also. At that time those people who living after curve didn't had any vehicles now when they bought they are also finding difficulty. And the house owner at the curve is not in good terms with the others now. Is there any hope? Is there any rules to be obeyed while constructing compound walls in curvatures. Because I can drive my car easily to that plot coming back from property is the only difficulty. The road width after the curve and before the curve is different. Before it is wide enough and afterwards it's bit narrow.
1) check whether house is constructed as per sanctioned plans
2) if there is difficulty in movement of cars on account of narrow road seek court orders for demolition of unauthorised construction
Legally you cannot do anything about it.
You can fight only if your easement rights is affected.
There is infringement of your easement rights by that owner.
The civic authorities may be approached for solving the issue putting pressure on the house owner to restructure his compound wall to some extent so that you dont face problem to take your car in and out comfortably.
If there are possibilities for a mutually agreed amicable solution, you may avail the opportunity because you cannot enforce this legally.
1) You can by Easement Act, Law, that you're unable to take vehicle smoothly in-out from that particular road.
As told earlier, you have got easementary rights.
There is no specific law of building walls on the curves, but general law of nuisance, easementary rights will come into role.
File a suit in the court for illegal construction and claiming your rights thereupon.
Regards
Law could not help you in your present need.
yes there are municipal rules of construction. complaint to the municipality about illegal construction and file an objection.
