• Have built the house till our boundary. Now the neighbor is objecting.

We are building a house. Some portion on one side is extended till our boundary. The RCC and plastering is complete. Now the neighbor is asking to demolish the wall. Since the construction is complete, it’s not feasible to demolish it. The building will lose its strength.

Is there a way that we can fight the case. Need suggestion.
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

Have you carried on construction as per sanctioned plans ?

If so no need to demolish the wall

Let the neighbour approach court for necessary reliefs

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

IS there any provision of set back in buildign by laws, if no than you are not bound to, why didn`t neighbor objected at the time of construction. Avoid him, His demand is malafied to cause you loss both of money and peaceful living.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If the construction you have done as per sanction plan and you have paid the sanction fees No one can stop you to construct ,Not even Muncipality.

take immediately stay order.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

You have full right to do construction within your boundary and your neighbour has no right two object, unless any construction breaches the physical bounds of his property or protrudes from your property to his property, he would have no legal recourse against you.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

You need to elaborate on what reason neighbour is stating for demolition and what the local law states about FSI on your land. If space is needed to be kept from boundary as per local law then you will need to demolish it. But if you have passed the construction plan from local authority then no need to demolish it.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

1. Have you obtained sanction of the building plan from the local Municipal Corporation or Panchayat as the case may be?

2. No approved body can give you sanction for constructing building till the boundary of your land.

3. You shall have to be prepared in mind that your neighbour mifht be able to get a court order directing local Municipal Corporation or Panchayat, as the case may be, to demolish the unauthorised/unsanctioned part of the construction made by you with police help.

4. However, you can drag the case to eternity with the help of an able lawyer.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

If the same has been done in violation of some laws or building plan then the neighbor can raise complaint before municipal authorities who may then pass order for demolition.

If the same has not been made in violation of any law then neighbor does not have any right to ask you to get the same demolished.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Sir,

The following information may kindly be read.

Property law: when your neighbour wants to build an extension

My neighbours want to build an extension. I did the same thing once but built entirely within my own boundary. Could they build on to my wall?

No. That would be trespassing. In practice, this happens either because neighbours assume that a wall represents the boundary or because they are cynically trying to get extra land. Look at any plans and observe when the build starts and stop any possible trespass quickly. One word of caution: the physical boundary might not actually be the legal boundary. Land Registry plans are not definitive and you may have to look at your title deeds.

Isn’t there legislation to protect me?

Yes. The law on party walls sets out rules and procedures to protect property owners whose neighbours want to do works that might affect them.

How does it help? Your neighbours must give you a formal notice of intended works if a new wall will be built on, or straddling, the boundary, or entirely on their own land but with footings or foundations extending on to yours. A wall straddling the boundary would trespass on your land, so your neighbours would need your consent. If you refuse, they will have to build within their own boundary. However, they could build footings and foundations on your side without consent if they have given you one month’s notice. What if the works are all on their side? The notice procedure also applies to some excavations close to a neighbouring building. Government advice on party walls is available on the website gov.uk. How do I object? If you don’t give consent within 14 days of receiving the notice, the “dispute” procedure is triggered and you and your neighbours must appoint a party wall surveyor. They will settle what your neighbours can do and what costs and compensation they must pay. They will also decide who pays the surveyor, though it is usually the person doing the works.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

This is my response to you:

1. Send a legal notice;

2. If they still disturb you then take assistance of police;

3. Consult a local lawyer and take help.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1) Yes, you can show them the land boundary layout paper to them. No don't fight with them as per Municipal layout plan you need to construct the home.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Have you not built your building as per approved plan by leaving setback?

Why is your neighbor asking you to demolish the wall?

Have you encroached his property?

If you have completed the building then either you enter into any compromise with your neighbor or ask him proceed legally and can convince the court or challenge his case appropriately.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

See according to law space has to be left when making any construction no contruction till wall can be made so it is better to comprise with neighbour and make settlement if you go in case and court grants him a stay on construction then you will suffer losses.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

Immediately file a civil case and get an Stay Order. It will be prolonged and in the meanwhile settlement may happen.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. Under the Town Planning rules, it is mandatory to keep a distance of atleast 10 feet, between the house wall and the compound wall.

2. Try to file amended house plan with the local civic body, for the changes and try to get it regularised.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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