Terrance firms part of common area for benefit of all members
2) society would take care of maintenance of terrace
3) no case of cheating is made out
4) complain to society against noisy sounds from neighbour flat
Terrace Right
Bought a builder flat (resale) in the year 2016. The buyer did not inform or disclose at the time of sale of property that there is a open terrace on top of my flat and the same is being used by another flat owner. I have a few problems and need resolution. 1. Can I have equal share of the terrace for use? 2. Who will take care of the regular maintenance of the terrace in case of need? 3. I am being disturbed by regular noisy sounds from the other occupier. How can I stop this. 4. If I have no right to the terrace, how can i go to the top of my balcony in case of need? 5. Can I lodge a complaint with the police against the seller for concealing the facts and cheating with me. I am totally in mental disturbance. Thank you.
Asked 6 years ago in Property Law
Religion: Hindu
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11 Answers
1. It will be treated as a common area of the building and all the the flat owners can use it.
2. All the flat owners of the building collectively I will maintain the terrace.
3. File a complaint for public nuisance against them with the police.
4. The person who is having the possession of the terrace would have to give you access in case the top of your balcony needs to be accessed.
5. For that, all the documents at your disposal needs to be perused in order to give you a more concrete opinion.
Sir...thanks for kind response. But the terrace is being used only by one occupier and not common to all. Infact are the two iron gates installed and nobody else can enter into that terrace portion. So it is not part of the society. And the terrace portion is on top of my flat only. So I am the only sufferer. What to do sir? How can I verify that the portion has been sold out to that occupier by the builder? Kindly advise suitably. Thank you.
Asked 6 years ago
You can simply ask the builder whether he has sold the roof rights to the said flat owner or not. If the roof rights are purchased by that person, it will be treated as his property. If not, locking of the terrace can be stopped.
Complain to society against unauthorised occupation of terrace
File suit seek court orders to direct flat owner to remove iron gates installed on terrace
2) terrace forms part of common area for benefit of all members
If the terrace comes under the other flat owners area as per the plan or if it's common area then you will not be responsible for the maintenance of the same. You need to first check whom it belongs to.
Secondly even if it's private area in case of any repair he will give you access to the same. If builder has concealed you material facts you can file consumer complaint as well as cheating complaint. If he is a private buyer then civil suit or criminal action. Send him first a legal notice for amicable settlement
Yes.
Every owner who is using the terrace.
Terrace comes under common area, barge on the terrace. Even if it is sold by builder, no ownership accrues to occupier.
Proportionate ownership of all owners of building. Society is fully authorize to deal with terrace matter.
Hi,
It the tanks are kept on terrace, then everyone may use the terrace only for the purpose of cleaning and maintenance of terrace. Generally the roof right to the person who is just below that. You are suggested to verify the sell deed of that person and the same may be obtained from registrar's office. Regarding nuisance by neighbour, you may complain to police. After verifying the facts of terrace rights, you may file appropriate case.
A terrace or rooftop is a common area of in a residential society which is for the enjoyment and benefit of all its members
The association should make sure that the common areas are clean, clear and free from any hindrance or encroachment. Also every apartment owner should maintain the common areas neat and are easily accessible to everyone.
You should submit a written complaint to the society that the noise is a public nusisance and does not allow.
All terraces with common entrance irrespective of which floor it belongs to, can be used by all members of the society.
Dear Client
- yes you can claim Equal right of the terrace as it is basic law that terrace belong to the owner of flat below it.
- the person claiming ownership or terrace will have to make regular maintenance on terrace.
- you lodge a complaint in the society for nuisance caused by your neighbor
- as owner of flat below terrace you can access terrace any time you want
- yes you can lodge a complaint for concealment of facts at time of making the sale and doing fraud with you.
1. Since the terrace is a common area you also have equal rights in the terrace at par with the other members of the apartment complex.
2. The terrace and other common areas of the complex shall be maintained by the association.
3. You can make a complaint with the association about this and after that if there is no response then you may initiate legal steps from your side.
4. You have rights in the terrace as a member of the society.
5. No such complaint with the police is maintainable.
You can enquire about the terrace rights with the association.
You can even enquire with the seller who sold this property to you
You start using the terrace, let the neighbor object after which you can issue a legal notice, let him come out with the facts after that.