• Property under construction

Hi...

My neighbour is constructing a house and planned his toilet ventilator just opposite to the window of my house.

The ventilator height is such that any one standing in my house can easily see their toilet in full.

This was because of the floor height, his house floor height is much lesser than my house

Setback of 1.5 feet was left at his end.

I had left a setback of 1.5 feet in my house

I had talked to him regarding this, explaining the privacy breach if he does so.

I will not be able to use the window because of the smell as the window being in the hall room and with plain transparent glass.

He is stubborn telling that it is his house and he will construct the way he wants.

There is a provision to shift his ventilator.

Is there any way out forcing him to change his ventilator position

Thanks in advance
Asked 4 years ago in Property Law
Religion: Hindu

4 answers received in 30 minutes.

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12 Answers

Hi, you can file a civil suit for temporary and permanent injunction and can obtain a stay order on construction..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Firslty, as per the law of privacy, you have very rightly said that there may be the breach of the same.

Secondly, and you have also tried to explain the same to him also, but he didn’t understand.

Thirdly, actually the law of privacy as well as of easement rights that no one can construct window or ventilator on the adjacent wall of yours.

Fourthly, but this being the opposite side you may have not much to argue on.

Fifthly, but yes for your own safety from any false allegation in future, I advice you to file a suit for injunction where later on he would have to give the statement as it has been constructed by his own will, you are not responsible if comes under your view or he would say to not to construct the same.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hello,

No you cannot force him to alter his property according to your wish .

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

You can complain to municipal corporation.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

You can request your neighbour to shift his window out of and from opposite your window in writing, if he fails to do so, you can approach the civil court and obtain an injunction against this, as it inconveniences your freedom to clear air, light and ventilation. This apart, it also infringes upon your privacy and breaches his privacy. This is not an ordinary hall, or a verandah, it is a toilet where men and women would be using it and hence would cause lot of bad smell, odour and constant disturbance.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

You simply days your objection in police and file FIR against him in case he hasan approved plan and you too then complain in development authority. You can make complaint if you have approved plan and even if he don't have.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You can request him to shift his ventilator as any one standing on window can see his toilet in full and smell from toilet woukd invade your house

2) check whether his building plans have been sanctioned by muncipal corporation

3) file suit seek court orders to direct him to shift toilet ventilator system

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

A Civil suit along with the application of interim injunction can be filed to stay such construction as it disturb your easement right as the bathroom will smell and you wont be able to open your window for air.

Further it will be good if the person and you mutually come to settlement but in case you fail the civil suit shall be the remedy.

Further check if they are approved plans or not , file a complaint before the municipal department also for same.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If you are aggrieved over his construction and have strong reasons for yor grievance you may approach the local civic body for relief and remedy.

You may mention in your complaint in detail about all the difficulties and hardship you would be facing due to the neighbor's atrocious activity by constructing the ventilator of the toilet just in front of your house window.

This will emanate the stench and make habitation difficult to you.

After that you can plan further legal action in cae you dont get any relief from local civic body in this regard.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

immediately you file the suit for injunction restraining them from constructing the building and other relief before the civil court with demonstrating how it is causing inconvenience to you. if you sufficient reason to stop construction the court will grant injunction

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Hi,

You need to complain approving authority of building plan.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Dear Sir,

You may approach Civil Court and a Court Commissioner will be appointed for visiting the spot personally and to find out alternatives, accordingly Court will resolve your issue.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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