• Height of 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.
Asked 7 years ago in Property Law
Religion: Hindu

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13 Answers

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 

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

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.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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.  

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

2.4 meter height with permission from the local municipality.if above 2.4 you can file complaint online to Municipality. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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

Dimple Jain
Advocate, Jodhpur
222 Answers

1) has the plans for compound fencing been sanctioned by muncipal corporation 

 

2)it would mention the height of wall which can be constructed 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

You can come to know through municipal corporation, before sanctioning any plan they compounded all factors 

Dimple Jain
Advocate, Jodhpur
222 Answers

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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yo can file a complaint to the magistrate u/s 145 of CRPC and initiate action. You can also file civil suit for remedy.

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

From street it will be calculated approximately 10 ft.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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