• Sharing drain pipes in a community development

I am purchasing a villa in chennai. It's a gated community. As per registration documents the land in which the house is constructed is registered to me but the builder has built drain pipes in such a way that neighbors drain pipe runs through my property and mine through other neighbors. Is it legal to have such design if I have absolute ownership of the land. The builder is saying in community development it is valid and owners have to adjust. Also if there are any repairs who should bear the cost? Pls advise
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

Is it a housing society?

Then yes such kind of arrangement is there as societies internal drainage pipe is designed for all and connected to municipal lines.

In such case the drainage pipe maintainance cost is on society.(association) not on any individual owner.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Builder can construct drain pipes through your property

2)in case of any repairs association formed ofvilla owners would carry out repairs out of money collected from villa owners for maintenance

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Sir there can be society of bungalows developed by same builder as same community.

The drainage pipe lines everywhere are connected through common pipe so to avoid extra cost on construction repair and Maintaince so there is no problem in it and further connected to municipal lines.

Also the repair and Maintaince is perogative of every individual sharing it.

Is there any community group or association made for taking care and decision of gated community ??

Further if there are individuals houses connected no.common interest or area shared than also funds can be connected for such repairs and Maintaince usual practice in unregistered housing societies.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can do the following:

1. You can approach the collector of your land and ask him to show the designs of the villas built in your area;

2. You can also approach the builder and request for the blue prints of the villa/s built in your area;

3. You can also ask the builder to settle the dispute by engaging a lawyer to draft an agreement to share the burden of the repairs of the drain pipes (to solve future disputes in question);

4. In the absence of any agreement the manager of the community can also bear the cost.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

It is very similar like the apartments and is valid and approved by the development authority your question regarding the repair is definitely a problem but can be Settle Down by the formation of the resident welfare Association which takes care of common area maintenance of the society .

repairs and maintenance of external drainage is carried by the society by its own expenses so it is covered in common area maintenance and the cam charges is paid by all the owner members.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

This is not permissible in respect of villa because Villa is an exclusive house. Builder is bound to separate the drainage system for each Villa. You should give him a notice to separate the drainage system, if the Builder does not  follow the notice therefore you should file a complaint either before the consumer forum or before the chairman of rera authority. If project  comes under the rera therefore you should file a complaint before the rera authority. 

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

The builder is wrong to say that the drainage pipes will have to go through underneath your property.

If there is blockage in the flow of drainage due to the reasons of your neighbor then he may have to dig your property to rectify the same which is an unnecessary nuisance and disturbance to you besides your property getting damaged.

You may go through the master plan approval and also the your own plans.

You may object to this after taking a second view/opinion from a local engineer/architect.

Whether community project or gate community, the provisions for drainage pipes are to be made as per the law

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

It's a gated community of Individual houses. The land is registered to each owner. It's not an apartment

The builder should be objected to laying of drainage pipes passing through or underneath your property.

You can sue the builder and obtain a permanent injunction on this.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Dear Client,

Its just an example of poor architecture/drainage. Suppose if any time drain block or something, will the other member or u allow to dig in your land for his cause.

U r absolute owner of land, any use and under earth can not be permitted for any purpose without your consent.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. You have raised a valid concern. Since the drain pipes of neighbour runs through your land, then in the even of any plumbing issues, your land will be affected.

2. This also implies that you are giving easementary rights to your neighbour and similarly you have an easementary right over your neigbour's land for purpose of doing any plumbing repairs.

3. This also means that you will be at the mercy of your neighbour should the gate be locked or your neighbour refusing to give you access to his land.

4. This will rather be problematic in the long run. Though on the flipside it cant be taken that there will be any imminent or immediate plumbing issues but the possibility cannot be ruled out.

5. So you can either request your builder to change the layout for laying the drain pipes or let it remain as it is and demand a reduction in price or simply exit from the project and take refund of your money or request the builder to allot you a land in the project layout which does not have the present issue.

6. Its completely your call.

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

Hi,

In the present circumstances, the cost will be borne the person whose drain is causing the problem.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. You have purchased a Villa which is in a gated community.

2. So, you have a community/complex where your Villa will be constructed.

3. The builder certainly has taken sanction of the plan for sanction of the said Villas in that community where in the sewerage connection plan also has been detailed and sanctioned by the Municipal Corporation.

4. All the Villa owners will for a society for maintenance of the said gated community and the said society will take care of the maintenance of the community including the repairs of the said pipes when required.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. Even apartments are registered in individual names and each apartment owners also own proportionate share of the land on which the building consisting the apartments has been constructed.

2. In the instant case all the Villa owners of the gated community shall have to form an association or society to take care of maintenance of all the villas of the entire community.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

But, still I advice you to shuffle them otherwise may in future it would cause legal consequences for both of you.

As if any mid happening because of your pipes then you would have to pay compensation to he otherwise irrespective of the fact the they also have it, but in the eye of law your pipes have done damage of may be any kind.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. THOUGH the design plan of the drain pipe system is faulty, there is nothing that the Plot owners can do about it, since the civic body allows for the same.

2. Expenditure on repairing the drainage system, in any manner, shall be borne by the gated community (society /association) in equal proportions.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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