My neighbouring property is a small (20 units apartment complex, and they have a pretty tight parking space where cars manoeuver dangerously close to my property, in order to fit into their parking spaces. One of the resident hit my property's load-bearing wall (10'x10' blind wall on the edge of my property) yesterday, with his car while trying to park it. I have CCTV recording of this incident. The wall appears to have only minor damage, but the car actually hit the wall, head-on with considerable force, so I dont know about the structural impact. Other residents' cars have also been scraping against this wall, as well as other parts of my compound. As one part of the compound is a load bearing wall, I would like to explore all legal options in protecting this wall from future incidents. 1) In this case, what kind of complaint can I file and to which authorities? 2) Should the case/complaint be filed against the concerned individual car owner OR against the Apartment Association for creating a hazardous parking environment? 3) can I legally force the Apartment Association to put up a safety barricade that will protect my property from being damaged by their residents' car? 4) Is it possible to obtain an injunction to restrain the residents from using that space for vehicular movement, given that it has caused many incidents of car hitting or scraping against my property? P.S: My property is an individual duplex villa and I am not a resident of the said apartment complex.
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Issue legal notice to car owner and apartment association to pay for damage caused to your load bearing wall
2) also call upon apartment association to install safety barricade to prevent further damages
3) seek injunction restraining them from using space till safety barricade is installed
1. You may first assess the damage done to your property through a structural or civil engineer.
After that issue a legal notice to the person who caused this damage demanding the compensation amount for the damage caused by him along with the cost for your mental agony due to this.
You can subsequently file a suit for recovery of money in lieu of the fiscal loss you suffered.
2. You may have to file the lawsuit against the person who has caused this damage.
3. You cannot instruct the association to do such things, you only have to be cautious about the safety of your property.
4. You may not be eligible to restrain your neighbors from utilising their property in any manner except that you can claim damages done to your property.
Dear Sir
Send a legal notice to your neighbor asking him to compensate you for the cost of fixing the wall.
You can additionally ask the apartment association to construct a barricade structure to prevent such events from happening in the future.
If you wish to take legal action against the neighbor, you can file a criminal case under 279 IPC for negligent and rash driving.
Thank you
You can file civil suit for damages as well as police complain if any coercive activities from them.
1. You can lodge a compliant against him before the police and to the society for the said damages .
- However, you are advised to ask that neighbour to pay the repair charges, and on refusal you can send a demand legal notice .
2. Yes, a compliant can also be filed before the apartment association , as it is duty of the association to remove the hurdled faced by the flat owners .
3. Yes ,
- An apartment association/RWA is a body that represents interest of people living in a community or a society and the association is responsible for managing day-to-day problems of the residents, organizing events, managing facilities in the apartments and complexes and safeguarding the rights of the unit holders.
4. Lodge a complaint before the association for removing this problems , and claim damages from the neighbor.
First of all issue legal notice through lawyer.
The notice to be sent to said car owner and apartment association to pay for damage caused to your load bearing wall.
- In Notice, ask apartment association to install safety barricade to prevent any further and future damages
- If car owner refuses to pay even after legal notice then there is criminal action u/s 279 for rash and negligent driving which have punishment of 6 months imprisonment.
- If association does not act after this then you can file civil suit for injunction.
