My neighbor is claimming the staircase of my home as his property
My neighbor is saying that staircase of my home falls under his property and therefore he is going to remove the staircase. My home is quite old and it might collapse, if something of this sort happens. When we went to police to lodge complaint against this, police says they won't do anything at this stage, they can interfere only when some fight is there.
Please provide guidance to handle this.
Asked 2 years ago in Property Law from Ghazipur, Uttar Pradesh
1) you will have to move court and obtain an injunction restraining your neighbour from removing your staircase .
2) in said suit mention that staircase was built more than ___________years back and you have continued to use staircase to access your house without any objection all these years
3) contact a local lawyer . your neighbour has to prove that staircase has been built on his property
This seems to be a matter of joint ownership of land on which the house has been built. If this is joint ownership the neighbor can not remove the staircase. If you are sure of his acts , you need to apply for stay on any such acts through court.
1. File a declaratory suit praying for declaration that the said stair case is your property,
2. Simultaneously, file an application under Order 39 Rule 1 & 2 praying for an injunction restraining your neighbor to deal with the said stair case till your declaratory suit is disposed of,
3. Engage a local lawyer having expertise in this field.
1. Police is right. Your remedy is only before a court of law.
2. You can move to civil court to seek a stay order against the demolition of your property.
get the properties duly surveyed and measured in the presence of your neighbour, thereafter after ascertaining the correct dimensions proceed to take a call, whether the staircase is actually in your property or his, once this is determined if it is confirmed that the staircase was built on his property, since how long was this existing, if it is beyond 12 years then seek an injunction against demolition, if not then also file a suit for bare injunction
First of all encroaching others property by way of building a stair case or erecting any other structure is an offence in the eyes of law so basically you do not have any ground to approach the police while the fault is in your side. However if there is no amicable solution arrived at, then you can file a mandatory injunction suit against the neighbor on the same ground and also may seek the relief of measure the property by appointing an advocate commissioner and give his report regarding the alleged encroachment.