My neighbour is building their new house and their stairs are attached to my house wall. There is no gap between the stairs and the dead wall of my house. All water pipes and wires on the side of the wall are not accessible anymore since the newly constructed stairs are fixed and attached to my house wall. This house wall also serves as the boundary of my house as their is no separate boundary. Is it illegal to attach stairs to someone else's dead wall, given that the foundation of stairs is on my neighbour's land. If illegal, under what law and what action could be taken. We tried to speak to the neighbours but they refuse to do anything about it as the map seemed to have been passed by nagar Nigam. Also, if it's not illegal, in future if I wish to do any construction , will I be liable to pay for damage to their stairs?
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There must be regulations laid down by muncipal corporation regarding maintaining 5 feet distance from compound wall
2) you cannot have stairs touching compound wall
3) complain to muncipal corporation
4) if no action taken then you have to take legal proceedings to direct demolition of stairs attached to your compound wall
5) you can also consult a local architect or structural engineer and n this regard
1. Your foundation of stairs is on your neighbour's land, indicates that, you have encroached on his land.
2. He has map issued by Nagar Nigam means that, he has a sanctioned plan for construction.
You need approach civil Court and seek stay of construction as Nagar Nigam will not entertain any complaint after issuing of sanctioned plan. You will get stay order, challenge the sanctioned plan by making Nagar Nigam a party to suit.
The stairs must have been made so that pipes etc. Are accessible to you. You should raise that objection. Moreover he must have got his map approved illegitimately.
File a complaint with the nagar nigam stating these issues. You shouldn't pay any damages rather he shouldn't have made stairs attached to your house wall.
In general the new constructions whatsoever including major renovations are to approved by the competent authority concerned.
If it is obstructing your easement rights or if the proposed construction is in any way obstructing your peaceful possession and enjoyment of your property, you may resort to legal action by filing a suit for mandatory injunction to direct the neighbor to remove the objectionable constructions already made and to restrain them from putting up any such constructions in future by an order of permanent injunction.
you need to first study the plan and then take appropriate remedy by approaching nigam authorities or court in said matter
Dear client, There is no such law prohibiting placing of staircase near shared wall. The person have right to place staircase as no right of the neighbour is completed even if go to the court no relief can be obtained for the same.
