• 1.5ft space between house boundary tresspassing by neighbour

Hello Sir/Ma'am

We have left a house boundary space of 1.5ft as per rules during construction but my neighbour has not left 1.5ft of his space, hence between our houses there is only a 1.5ft gap. Immediately after our construction in 2011 the neighbor put a small gate to the beginning of that gap as though it is his space, we objected it but he didnt listen. We didnt want to spoil the relation at that time so we left it. Recently my neighbour has started digging there and is probably laying some pipe there. Please advise what I should be doing. The neighbour hasn't taken our permission to dig. Will his actions favour him in adverse possession of that gap of land? Our boundary is of 80 ft
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

No adverse possesion. And you should have taken objection when neighbour not left the space as per rules.

Since he is digging in your area, it is illegal, complain to police. 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

He cannot claim adverse possession by merely laying pipes on gap between 2 houses 

 

file suit seek orders to direct neighbour to remove gate installed in gap 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

- Since, there is no written agreement between you and the said neighbour , for leaving any space .

- Further, with the left space by you , now it become common gap for you both . wherein he already put a small gate for the purpose of using the said gap . 

- Presently due to good relation with him , you dont want to raise any issue over the same, but in future that neighbour may claim the said full space as his personal property on the ground of using the same ie. adverse possession. 

- Hence, you can enter into a soft agreement with him , that out of the gap , 1.5 ft ft space is under your ownership , and he will not claim over the same in future. 

- If, not agree , then you can file a suit for getting order from the court . 

- However , try to settle the matter amicably , as i mentioned above. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

The set back area left by you belongs to you exclusively in which your neighbor has no right title to raise any construction. 

So the digging of pope in your area amounts to encroachment of your land for which you can lodge complaint with local police station. If this doesn't put an end to this illegal act your option is to file a suit for declaration and injunction. 

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

1. Obtain Injunction Order from the competent court to stop illegal digging by your neighbour.

2. Anyway Police can't be summoned to stop this illegal act of your neighbour as it's a civil matter. 

3.  Complain to the jurisdictional BBMP office regarding this matter and request for BBMP's intervention.

4.  He can't claim adverse possession as 12 years has not elapsed since as per your narration the gate was installed in 2011.

5.  Send a legal notice to your neighbour claiming right over the land where your neighbour has trespassed and illegally digging the land.

Shashidhar S. Sastry
Advocate, Bangalore
5117 Answers
314 Consultations

5.0 on 5.0

Send him a legal notice and ask him to stop doing this

If he still doesn't take any action than file a specific performance suit against him 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Dear Sir,

You are suggested to stop the digging work done by the neighbour in your land and ask him to do in his own land. Also complaint against him to concerned authorities as required, He can't claim adverse possession on the said land. You may also file an injunction suit against him restraining him to use of the said property.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Hi

Though technically you have left 1.5 feet in accordance to building construction rules, the land still belongs to you and it is a plain infringement of your ownership rights. 

Also open spaces are called set backs in building parlance and no construction (either above the ground or below the ground) can be undertaken.

Please issue notices to Municipality and also the neighbour restraining from undertaking any activity and if that fails, you can obtain injunction orders against the neighbour under Order 39 of CPC 

Your neighbour cannot claim adverse possession.

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

No, it does not favor him Adverse Possession.

You issue legal notice to him to remove the pipe line and gate.

If he does not respond / refuse to remove the same, you can file suit against him and pray the court to direct him to remove the Gate installed in 1.5 ft space.

You can also lodge police complaint for trespassing into your property by him (optional) if he still continues with his activities.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

This is a setback you have left as per law and rules. 

He cannot claim title on this passage by adverse possession. 

You can issue a legal notice to him to stop him from proceeding with his proposed laying of pipes in this passage, if he is not listening to your verbal requests. 

After that you can file an injunction suit seeking to restrain him from proceeding with his proposed construction. 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

You need to file a suit for injunction and take immediate measures to stop the work under interim relief

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

You can seek injunction against the neighbor from a civil and can restrict to digging or construct any thing which infringe you rights. It is highly advised to take early step as if once construction is started you shall be running against time. IN courts an early bird is always in better position.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Adverse Possession comes into play only if the possession of trespasser is hostile to the possession of true owner.

2. Who is the owner of the land where the neighbour is digging?

3. You can file a complaint against your neighbour to the civic authority in your city which has jurisdiction over the area.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can seek stay against him and also file a complaint to the authority concerned.No adverse possession can be claimed by him, as for the same, he has to prove that he is in possession for the last 12 years, openly, continuously,hostile and as owner to the knowledge of real owner. 

Rajinder Goyal
Advocate, Chandigarh
111 Answers
1 Consultation

5.0 on 5.0

1. You should ask him to stop the digging work in your limits as he doesn't ask for permission before beginning the work.

2. If he doesn't stop the work send him a legal notice or make police complaint for trespassing and damaging the property.

3. If he still doesn't stop file suit for restraining him from entering in your property and stop every type of work on your property.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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