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