• Dispute over stairs near common boundary with neighbour

We are building an iron stair case within 2 feet of the shared boundary. This stair case will help us get to the first floor since the ground floor belongs to someone else.
Our neighbour is stopping us from placing the iron stair case since he claims there is a law which prevents construction of any sort within 4 feet of a common boundary. 
Is this true? Is there any workaround since the stair case construction is complete and the rest of the house has been planned accordingly. Our neighbour is refusing to co-operate. Please help.
Asked 2 years ago in Property Law
Religion: Hindu

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9 Answers

Firslty, these are the cases of tort in nature which has no provision written anywhere apart from the common parlance of a man.

Secondly, you please go ahead and continue, and call the police and ask them to go to court to get it stopped.

Thirdly, if they file any such case in civil court then you would be have an edge for sure, don’t worry.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Sir, there is no such law as mentioned by you, regarding construction of staircase. You are advised to file an application u/s 144 crpc and take police assistance and complete the staircase. Please call for more details. www.duttlegal.com

Abhishek Dutt
Advocate, Kolkata
31 Answers
1 Consultation

4.0 on 5.0

There is no such law prohibiting placing of staircase near shared wall. The person is just threatening you its your land you will have right to place staircase as no right of the neighbour is completed even if go to the court no relief shall be granted. If neighbour tries to uses force take help of jurisdictional SDM or police.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

Dear Sir,

There will so many rules but as per the convenience of the parties the Court will give the permission. You approach the court and get an simply injunction order against him and his family members and let him prove his contentions till then enjoy the same with any disturbance. Nothing will happen. He should have complained to the building sanctioning authorities etc.

Kishan Dutt Kalaskar
Advocate, Bangalore
5650 Answers
235 Consultations

4.8 on 5.0

This is my response to you:

1. There is no law to prevent you from constructing the staircase;

2. Send him a written letter asking him under which law you are not allowed to build, and ask him to reply with 15 days;

3. If he fails to reply to you, he waives off his right to stop you and you get a legal evidence against him now;

4. Therefore you can very much go ahead;

5. You can also seek police assistance.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Encroachment on the common spaces/areas is illegal.

I am not aware of any law which prevents any sort of construction within 4 feet of a common boundary.

If you are erecting this staircase on a piece of land belonging to you, there should not be any trouble.

Having said the above, check your local building regulations and bye laws with respect to conditions regarding set back. Any sort of construction is not permissible in the set back.

Vibhanshu Srivastava
Advocate, New Delhi
9132 Answers
181 Consultations

5.0 on 5.0

Dear Client,

No such law except in local building by laws if any. If he has problem approach court and create any nuisance, call the police.

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

If the proposed installation of the iron staircase do not deviate from the approved plan more than the permissible limit, the neighbor cannot object to this, especially if this is well within your own boundary.

Let the neighbor approach court seeking relief, you may file a caveat petition against the neighbor in this regard and then proceed with the proposed construction/erection of this structure.

T Kalaiselvan
Advocate, Vellore
69776 Answers
953 Consultations

5.0 on 5.0

There is no such law and he can't obstruct you without any stay order of Co-operative Court.

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

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