• My neighbour is hindering the construction of my house

There is small distance between my and my neighbour's house. He doesn't let the masons construct my house on his side as the masons have to stand on his property during the construction due to narrow gap between the two houses. Even during construction if some water flows to his land he started abusing both us and the workers. He is not totally cooperating us. So what should I do in this situation?
Asked 6 years ago in Property Law
Religion: Hindu

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9 Answers

Record his abuses 

 

file police complaint against him under section 504, 506 of IPC 

 

2) seek court restraining neighbour from creating obstacles in construction work on your land 

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

See firstly you can try to mediate with neighbour so that he allows you to complete the work in case he still hinders your work file a police complaint against neighbour for abusing and hindrance of work and intimidation.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You never is abusing and intimidating you you can file a police complaint against him under the provisions of section 503 and 504 of the Indian penal code

You can also file a suit for injunction against him in order to restrain him from doing the aforesaid acts.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

You have the right to construct the house and the neighbors does not have the right to object. If the neighbors still troubles for construction then firstly you shall try to resolve the issue on your own and if he still cause any hindrance in the construction then shall file an FIR against your neighbor or else you can approach an advocate for the same

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can file a police complaint if he is harrassing you.  And If he is still continues you need take a injunction order from court to do your work

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like harassment & intimidation, against the person, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

If the neighbor is not allowing you to construct your property by standing on his property, you cannot claim it as a right.

You may request him to allow you to complete your construction at the earliest and can undertake to compensate the damages caused to him due to this and also to clean his property from all the dirt, or any other waste material lying on his side.

If he still do not allow you to construct then you may either approach the local civic body to intervene and bring a solution to this or court of law seeking a direction to the neighbor to permit you contributor your property by crossing to his side of the property. 

 

T Kalaiselvan
Advocate, Vellore
89994 Answers
2495 Consultations

You are entitle d to cooperation from your neighbours under the easement act. You have a right to construct your house and he has to bear with it.

Therefore file a complaint against him in the municipal corporation.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

  1. You are just exercising your constitutional right to have a house for you, but not creating any kind of nuisance for anyone.
  2. It is quite normal to have water flowed to the other side when both the properties are adjacent to each other.
  3. You should file a suit before he civil court of law for permanent as well as temporary injunction against your neighbour for creating any hindrance in your work and to stop abusing of no reason as you are not doing anything illegally.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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