• Neighbour drainage leakage into the sidewalk of our house

Neighbour drainage is leaking into the sidewalk of our house. Already we apartment people mentioned this issue to the neighbour but they are not bothering about it. What can I do further.
Asked 2 years ago in Property Law
Religion: Hindu

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6 Answers

You can complaint to municipal corporation as well as society. You can fille consumer complaint in the said natter

Prashant Nayak
Advocate, Mumbai
34553 Answers
249 Consultations

File complaint with muncipal corporation 

 

2) issue legal notice to neighbour 

 

3) if no action taken inspite of notice obtain court orders to direct neighbour to rectify the drainage issue 

Ajay Sethi
Advocate, Mumbai
99839 Answers
8148 Consultations

Issue a legal notice to the neighbor mentioning the damages and harm they are causing to you due to this leakage  and ask them to rectify the same immediately.

If your neighbor is also an apartment owner of the same association, you can give a complaint to the association to take proper legal action to rectify this problem.

If the apartment association fails to take action as necessary, you may report this matter to the local civic body and request for an immediate action.

If that is also not fetching you the desired result, you may resort to legal action through court of law. 

T Kalaiselvan
Advocate, Vellore
90041 Answers
2498 Consultations

Is there any welfare association in your apartments? If so, take up the issue with them and try to get the issue resolved amicably. If there is no positive development, you may file a suit against your neighbour in consultation with a competent lawyer at the appropriate court.

Swaminathan Neelakantan
Advocate, Coimbatore
3071 Answers
20 Consultations

- You can file a complaint before the municipal corporation against him 

- Further, if no positive action , then file a suit for injunction before the court 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

Dear client,

In India, legal recourse is available for issues like this. Keep records of the leakage, take photographs or videos showing the problem, and note down dates and times when you approached your neighbor about it. Approach your neighbor once more, preferably in writing (email or letter), politely explaining the problem again and requesting them to take action. If your neighbor remains unresponsive, contact your local municipal corporation or authorities responsible for maintaining public spaces. They can inspect the issue and potentially issue a notice to your neighbor to rectify the problem. In some cases, involving a mediator or a local community leader can help facilitate a solution without escalating to legal action. As a last resort, you may consider legal action. Legal remedies could include filing a complaint in a civil court for nuisance or seeking an injunction to stop the drainage from affecting your property.

Under Indian laws, the specific legal remedies might vary based on the local municipality laws or state regulations. The Indian Easements Act, 1882 might also provide some relevant provisions regarding the rights and liabilities associated with drainage and water-related issues between adjoining properties. You can reach out to us for further assistance

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

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