Hi, if the fence height is more then the local municipal laws, you can file a application at the office of municipal corporation for destroying the fence
I share my house property with another person on two sides.He has recently constructed a fence which is at least 2 meters high from my side of the fence .he has filled his land enough so that the fence is less than a meter tall from his side.I fear that the fence might fall to my side during the monsoon season..Is there anything I can do legally? I stay in corporation area.
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Hi, if the fence height is more then the local municipal laws, you can file a application at the office of municipal corporation for destroying the fence
Yes, you can file case aginst him as per Easement Act. that in monsoon season the fence might fall at your side due to this there may huge loss to you and your family member.
Kindly ask hin to reduce oe built low height fence at his end.
Sir file a complaint before the muncipal authroity agaisnt the height of the fence and the damages it can cause in monsoon and further pray before them for agasint the said person.
1. If any strcuture made in negligent manner which ay pose threat to safety of a person, the same can be removed with the order of court.
2. So to remove this fence you may apply before the Magistrate under section 133 of crpc seeking direction from the Magistrate.
3. So to take this forward meet an advocate and do the needful.
2.4 meter height with permission from the local municipality.if above 2.4 you can file complaint online to Municipality.
Talk to him about height of fence is very high on your side so tell him to reduce,
If he refused then complaint to municipal corporation against him about fence hieght
During mansoon season it may cause huge loss to you
What is the level at which the height of the fence calculated?.is it on my side,his side or from the nearby street?
1) has the plans for compound fencing been sanctioned by muncipal corporation
2)it would mention the height of wall which can be constructed
You can come to know through municipal corporation, before sanctioning any plan they compounded all factors
In muncipal area since the plans are approved see from where the height of the person is approved from the street level in most of the cases it is done.
Yo can file a complaint to the magistrate u/s 145 of CRPC and initiate action. You can also file civil suit for remedy.
Until and unless it is damaging your property you cannot initiate any legal action on this on mere aprpehensions.
The corporation may not come to your rescue at this preliminary stage.
What is the level at which the height of the fence calculated?.is it on my side,his side or from the nearby street?
You may approach a local architect/engineer and get the local laws apprised in this regard, it differs from one place to another, there cannot be a common or standard measurement across the country in this regard.
You can usually build up to 2 metres in height without getting planning consent from the local council. However, you should always check with the council to make sure.