He has no rights to install gate on staircase
2) you can issue legal notice to remove gate installed on staircase leading to roof
3) keep keys with security guards
4)if he refuses seek court orders for removal of steel gate
Conflict over roof rights of top floor and
Hi, I wanted to get new pipeline work done on roof. Top floor neighbor says that they have exclusive right over roof. Top floor neighbor have installed a gate on staircase area connecting to their own floor so to control the entry of people going to roof. They stated that they have exclusive rights over roof whosoever wants to go they will access roof with their permission. Roof also has two parts one is the lower roof where builder has made a store room and another is upper roof where the water tanks are installed. Top floor neighbor say only the area where tanks are kept is a common area. The rest lower roof and upper roof leaving aside the area where tanks are kept. They are the owners. They have exclusive right over it. They were not allowing me to pass a pipeline to the rear side of building saying that upper roof belong to them and it is not a part of common area. I want to share a clause in my flat agreement. It says: clause 18- That the owners/occupants of the Said Building shall have full right of access through staircase to the top terrace (common area) interalia at all reasonable times for the inspection and maintenance of the water tanks and the installation/maintenance of antennas etc. thereon. That similar condition shall apply to the underground water tank and booster pump etc.:- I wanted to know:- is it their right to install gate on staircase so that we need to seek their permission to go to roof? Is it only where tanks (small part of upper roof area)are kept is the common area (not all of upper roof)since they stopped me to put new pipeline either on lower roof and upper roof claiming that they are the owner of both. Can I ask them for duplicate keys to access roof and can I ask them to remove steel gate installed on staircase. Suppose if they are not available at any time then how will I access the roof? Looking for guidance
Asked 3 years ago in Property Law
Religion: Hindu
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8 Answers
The entire terrace/roof is common property of all residents. No one can claim exclusive right over terrace. Clause 18 is very clear. Top floor owner has not right to put any gate and prevent access to terrace/roof of building. The entire roof is common are owned by all. You can ask them to remove the gate put up by them. Even builder cannot claim exclusive right. Issue lawyer's notice to both, marking a copy to the RWA if there is one. After that file suit for mandatory injunction against both to break the gate put up by them. You will get a court order against them.
Dear sir,
It is not mentioned in your query as to what kind of pipeline, you wish to install. I mean for water or some other purpose. If that's essential, that top floor owner cannot stop you. Also you may serve him a legal notice and file a case for injunction against him.
As your sale deed mentions that you have right of access through staircase to the top terrace for inspection and other purposes, they cannot lock it. If they do, they have to provide you a duplicate key for it.
If they fail to adhere, get a legal notice issued to them. If that also doesn't work, you'll have to approach civil court by way of a suit for declaration.
Blocking of access to the terrace by one of the member/owner to the other members is illegal.
The staircase is common area and one owner alone cannot claim exclusive rights over it.
You can inform to the assassination to direct the member to remove the gate installed by him which obstruct s or blocks your access to the terrace or use of the staircase which are common areas and that all the members are having equal rights in the common areas.
If the association is not taking any action on this then yo can issue a legal notice to the adamant member/neighbor to remove the same and not to restrict your movements .
If he is not responding or complying with the demands made, you may file a suit for mandatory injunction against the neighbor to remove the gate installed by him and also to restrain him from blocking your access to terrace or use of the common terrace
- A terrace is a common area of a residential building which is for the enjoyment and benefit of all the flat owners
- As per rule , the Association of the building shall frame rules, regulations and procedures for its common areas and facilities as well as frame guidelines of restrictions and measures designed to prevent the unreasonable and improper use of facilities and common areas which will interfere with the peaceful occupation of units by respective Owners / Residents conducive to day to day living environment.
- Further, the said right of terrace is not exclusive by the owner of the top floor , if others sale deed says that the owners/occupants of the Said Building shall have full right of access through staircase to the top terrace (common area)
- Generally at the time of selling the flats , the builder used to sell the terrace and parking slots to some of the owners , but that is not valid legally.
- You can file a suit for injunction before the court for getting direction to give the key of the entry gate and not to restrict the said work carried by you .
It's a common area if it's a society you can complaint to the secretary. If it's individual property you need to move court for seeking permission
Dear sir,
1. The landmark judgment delivered in the case of Sri Ramagauri Keshvlal Virani vs Walkeshwar Triveni Co-Operative Society is a case in point.
(In this case, there was a pocket terrace on the fifth and seventh floor of the building apart from the main terrace on the eighth floor. The flat owner on the seventh floor had two doors from his flat opening in the terrace besides he had also purchased the terrace from the developer. He contended that the entry of other residents to the terrace would disrupt his privacy and also pose a security threat. However, the court held that as the pocket terrace was not exclusively attached to his flat and had a common entrance, therefore, its use cannot be restricted to the disadvantage of the other residents.)
2. the rooftop terrace is for the common use of all the residents of a society and no person can claim exclusive rights over the rooftop.
3. irrelevant of whether it is the lower or the upper roof, both of these roofs belong to all the residents and no single resident can claim a right over this area exclusively.
4. He can not install a staircase on that area and consider it as his private property.
Thank You!
