• Neighbours harassing and trying to hinder my construction work

I am currently constructing my own house my neighbors on either side have started picking fights on grounds of bringing my porch to my compound walls on both sides as we share the same compound walls they claim we must take it back even after leaving enough setbacks and they quarrel and claim our porch is illegal. According to the rules our architect says the porch can be extended till our compound walls within our property. but still, we get a notice from the municipality to give clarifications. how to stop this once and for all suggest?

Ps: They are gathering more and more people support to weaken us so we demolish the porch they write letters to the municipality stating we have not left enough setbacks, and we have violated our authorized plan they go and complain to the collector of the ward MLA of the ward even after we are right by laws they are putting pressure
Asked 1 year ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

11 Answers

1) i presume construction has been carried on as per sanctioned plans 

 

2) refuse to bow down to pressure tactics

 

3) file suit seek injunction restraining neighbours from creating obstacles in carrying on construction work 

Ajay Sethi
Advocate, Mumbai
95510 Answers
7656 Consultations

5.0 on 5.0

You can first get the municipal corporation by-laws and the plan sanction by from municipal corporation engineer authority. If all are done by legal ways nobody will trouble you.

Ganesh Kadam
Advocate, Pune
12940 Answers
257 Consultations

4.9 on 5.0

If your plan for construction has been approved and you are going by the construction as per approved plan,  you don't have to get scared about the threats posed by neighbors. 

If at all they make a complaint against you before local civic body,  you may allow the authorities to inspect the property,  construction work, after which let them take action if there's any deviation beyond the permitted level. 

You can then challenge them in the court of law. 

In the meantime you may a legal notice to the agitating neighbors to refrain from indulging in such illegal activities of troubling and causing nuisance to you. 

If they still continue to do so you can either approach police with a criminal complaint against them or file a permanent injunction or mandatory injunction suit against to restrain them from interfering in your possession and construction. 

T Kalaiselvan
Advocate, Vellore
85709 Answers
2265 Consultations

5.0 on 5.0

If they are doing illegally you can file criminal complaint to police else approach court for relief’s 

Prashant Nayak
Advocate, Mumbai
32243 Answers
187 Consultations

4.1 on 5.0

It is necessary to abide by the guidelines related to setbacks and it depends upon the heigh of the house. 

Above 9.5 m but not exceeding 12 m - 4.5m
Above 12 m but not exceeding 15 m - 5.0m
Above 15 m but not exceeding 18 m - 6.0m
Above 18 m but not exceeding 21 m - 7.0m
Above 21 m but not exceeding 24 m - 8.0m
Above 24 m but not exceeding 27 m -  9.0m
Above 27 m but not exceeding 30 m - 10.0m
Above 30 m but not exceeding 35 m -  11.0m
Above 35 m but not exceeding 40 m - 12.0m
Above 40 m but not exceeding 45 m - 13.0m
Above 45 m but not exceeding 50 m - 14.0m
Above 50 m - 16.0m

 

So if you are well within the limits, you do not have to worry about the neighbours. Thus, you can provide the clarification to the municipality that you are well within the limits.

Aayushi Jain
Advocate, Ahmedabad
8 Answers

Not rated

you need restraining order from court 

Ajay Sethi
Advocate, Mumbai
95510 Answers
7656 Consultations

5.0 on 5.0

Why do you have to file a caveat petition before court when you are not the person who are hindering their construction.

If they apprehend you to approach court, they only have to file a caveat petition in order to prevent you from getting an exparte order against them

T Kalaiselvan
Advocate, Vellore
85709 Answers
2265 Consultations

5.0 on 5.0

- Since, you are constructing on your own land , then the neighbour is not having any right to interfere into the same.

- Further , as you have received the notice from the Municipal , then you can reply the said notice after mentioning the details of your land right and the report of the architecture. 

- Further, if they are creating problem, then you can file a suit for Permanent Injunction before the Civil Court for restraining them from interfering in your construction work. 

Mohammed Shahzad
Advocate, Delhi
13720 Answers
207 Consultations

5.0 on 5.0

You can get a restraining order from the court if necessary and firstly you should provide a detailed reply to the municipality. 

You are not required to get a caveat order as you are the one whose work is being objected and not the one who is objecting. 

Aayushi Jain
Advocate, Ahmedabad
8 Answers

Not rated

Caveat order is only useful in case they approach court against you and it helps you to get the advance notice from court before granting any reliefs 

Prashant Nayak
Advocate, Mumbai
32243 Answers
187 Consultations

4.1 on 5.0

Dear client,  

In this situation, it is important to have all the necessary legal documents and permissions in place for the construction of your porch. If you have the required permits and documents, you can present them to the municipality to demonstrate that you are following the rules and regulations.

It may also be helpful to have a meeting with your neighbors to try and resolve the issue amicably. You can explain the legal basis for your porch and how it does not infringe on their property rights. It may be possible to come to a compromise that satisfies both parties.

If your neighbors continue to harass and pressure you, you may need to seek legal assistance to protect your rights. You can consult with a local lawyer who is familiar with property laws to explore your options.

Additionally, you can document any harassment or threats made by your neighbors and file a complaint with the local police if necessary. It is important to remain calm and polite in all interactions and not to engage in any behavior that could escalate the situation.

Overall, it is important to have a clear understanding of the relevant laws and regulations, and to communicate effectively with your neighbors and the authorities to resolve the issue.

 

 

 

Anik Miu
Advocate, Bangalore
9412 Answers
112 Consultations

4.9 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer