• 1st floor neighbor conflict accessing shaft area and doing drilling borewell from my groundfloor

Hi, since I stay on groundfloor in a residential colony, my first floor neighbor wants to access shaft from my groundfloor. First floor neighbor also has access to shaft from their own floor through kitchen and bathroom window which they have closed. They want to come to my groundfloor to access shaft area. They said workmen can't come from roof to do repair work. Shaft is a common area which is accessible to all owners of the house. But my groundfloor is not a common area. When I stopped they said they have legal right to access shaft from my groundfloor. They threatened me that they will make things hard for me. When this house was built 20yrs ago, builder had borewell made, my first floor neighbors drill water from borewell every now and then, to do drilling, hole was already made in my balcony. I want to stop them to access my balcony plus it's illegal to use borewell. What can I do? Last is the leakage of ceiling from their floor comes to our floor to which don't listen? What can be done in this case too? Plus who bears their ceiling repair expenses?
Asked 1 month ago in Property Law
Religion: Hindu

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13 Answers

Shaft forms part of common area for benefit of all flat owners 

 

you cannot restrain 1st floor owner from accessing shaft from ground floor 

 

3) as far as leakages are concerned if they do not carry out repairs complain to muncipal corporation against said flat owner 

 

you can also file complaint in consumer forum against society and flat owner and seek orders to repair the leakage 

Ajay Sethi
Advocate, Mumbai
83174 Answers
5337 Consultations

5.0 on 5.0

Why did they close their shaft?? They should access it through their own. Tge cost of repairs should be borne by the 1st floor residents.

Give a complaint to the DMC that illegal borewell has been made.

Rahul Mishra
Advocate, Lucknow
12852 Answers
36 Consultations

5.0 on 5.0

If they have closed theirs that means that is illegal because everyone has been provided with the shaft in case of emergency. What would happen if you go somewhere?

Therefore ask them to open their shaft.

 

Rahul Mishra
Advocate, Lucknow
12852 Answers
36 Consultations

5.0 on 5.0

They cannot access shaft through your dinning room and washroom 

 

refuse to permit them entry 

 

let them obtain court orders 

Ajay Sethi
Advocate, Mumbai
83174 Answers
5337 Consultations

5.0 on 5.0

Yeah i understand. They closed their access to the shaft and now they want to access it from your property. You can refuse them. You have the right to refuse.

Rahul Mishra
Advocate, Lucknow
12852 Answers
36 Consultations

5.0 on 5.0

Hi, since I stay on groundfloor in a residential colony, my first floor neighbor wants to access shaft from my groundfloor.

First floor neighbor also has access to shaft from their own floor through kitchen and bathroom window which they have closed.

They want to come to my groundfloor to access shaft area. They said workmen can't come from roof to do repair work. Shaft is a common area which is accessible to all owners of the house.

But my groundfloor is not a common area. When I stopped they said they have legal right to access shaft from my groundfloor. They threatened me that they will make things hard for me.

When this house was built 20yrs ago, builder had borewell made, my first floor neighbors drill water from borewell every now and then, to do drilling, hole was already made in my balcony. I want to stop them to access my balcony plus it's illegal to use borewell.

What can I do? Last is the leakage of ceiling from their floor comes to our floor to which don't listen? What can be done in this case too? Plus who bears their ceiling repair expenses?

 

1.     Shaft is common area, like pathway is common area, but you cannot have access to pathway through your neighbor’s house. Hence first floor owner cannot came to ground floor for using shaft. Proper access is provided from his kitchen and bathroom.

2.     Your balcony is your private space, he cannot use it for any purpose.

3.     Leakage from first floor is health hazard causing lung problems.

4.     He is trying to bully you. assert your right against all above violations. You take him to drag him to Court and teach him a lesson.  

 

 

Ravi Shinde
Advocate, Hyderabad
1094 Answers
13 Consultations

5.0 on 5.0

If your residence comes under the housing society, then you may give a complaint to the society about this and request them to instruct the neighbor to stop indulging in such activities which causes damage to your property and also reacts nuisance to you.

If there is no registered association then you may have to first issue a legal notice to the neighbor instructing him to refrain from interfering in the possession and enjoyment of your proeprty in such illegal manner.

If he is not listening then you may appraoch the court of law with a suit for mandatory injunction to restrain the neighbor from indulging in in such activities endangering your peaceful possession and enjoyment of your own property. 

T Kalaiselvan
Advocate, Vellore
73275 Answers
1146 Consultations

5.0 on 5.0

Even though the shaft area is a common area, they cannot access to the same using your own house property.

Actually the shaft is to be located in the common area alone and not through anyone's residence, therefore you can lodge a criminal complaint with the local police for criminal trespass against the neighbor who enters into your house without your permission.

Besides you can file a  mandatory injunction suit simultaneously as suggested earlier.

T Kalaiselvan
Advocate, Vellore
73275 Answers
1146 Consultations

5.0 on 5.0

The neighbor cannot enter into your house without your permission for whatever reason he may state.

you can lodge a criminal complaint with the local police for criminal trespass against the neighbor who enters into your house without your permission.

Besides you can file a  mandatory injunction suit simultaneously as suggested earlier.

T Kalaiselvan
Advocate, Vellore
73275 Answers
1146 Consultations

5.0 on 5.0

- If shaft is a common area for all , but your residential abode is not common for all and they cannot even enter into the same without getting your consent. 

- Further , for doing the repairing work in the shaft legally they should use the terrace route , and not via your house without getting your consent .

- You can file a compliant against him for threatening and for the said act before the police 

- If no response within the week , then file an Injunction suit before the court to get relief permanently. 

- Legally none having right to interfere in your living area without your consent , and forcibly enter then they there can be FIR for the offence of trespass and threatening. 

Mohammed Shahzad
Advocate, Delhi
7410 Answers
78 Consultations

5.0 on 5.0

Dear Sir,

1) They cannot enter your house, do not allow them such access, let them threaten or move to court for the same. If they give any illegal threat you can file criminal complaint for criminal intimidation.

2) For the damages caused to you ceiling, you can file complaint in consumer court against society and owner seeking direction for flat owner to repair and damages from him for harm caused by non repairing.

Thank you

 

Anik Miu
Advocate, Bangalore
1884 Answers
22 Consultations

4.9 on 5.0

1.     You are right.

Even if its common area, it can not be accessed from a private place.

Ask him to do whatever he can do.

He have to reopen his areas to access shaft.

 

2.     Similar to shaft are, your balcony is also your private space, he cannot use it for any purpose.

 

3.     Leakage from first floor is problem.

It needs to be looked into society or your agreements.

Send legal notice.

You can complaint to municipal corporation.

You can file civil case and/or consumer court case.

Ankur Goel
Advocate, Bangalore
311 Answers

4.9 on 5.0

1. Serve a lawyer's notice to him to demand that he should refrain from doing what he has been doing.

2. If he does not honour your demands within 3 days then file a suit for permanent injunction against him in the civil court.

Ashish Davessar
Advocate, Jaipur
30743 Answers
901 Consultations

5.0 on 5.0

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