• Salt lake sector 3 bidhannagar Kolkata boundary wall rules query

Can my neighbour put barbed wires on the boundary walls I have built? And is planting of trees on the edge of boundary wall is allowed?
Asked 1 year ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

8 Answers

planting of trees on edge of boundary wall can be done 

 

boundary wall is common for both plots 

 

placing barbed wire  does not harm you 

Ajay Sethi
Advocate, Mumbai
99879 Answers
8150 Consultations

If the boundary walls constructed by you is within your own property then the neighbor cannot barbed wire fencing on the wall, but if it is built in the common area then he can also fence his property for his safety.

Besides he can plant trees within his property, you cannot object to planting the trees, you can take action only when the planted tree after growing up protrudes into your property 

T Kalaiselvan
Advocate, Vellore
90079 Answers
2502 Consultations

As long as no part of the construction is encroaching i9n your land, you have no remedy in the eye of law. 

Devajyoti Barman
Advocate, Kolkata
23657 Answers
537 Consultations

1. If you have constructed the boundary wall on your area, then he can not add barbed wire on it without your consent.

 

2. He can plant trees in his area but those trees should not be capable of spoiling  your boundary wall.

Krishna Kishore Ganguly
Advocate, Kolkata
27723 Answers
726 Consultations

Dear Client, I shall try to describe this in terms of the act of your neighbor towards the boundary wall and growth of trees. If such a boundary wall was erected by you on your property, then without your permission, barbed wires cannot be done. That may amount to trespass and by law you would have each right to claim removal of something like that after serving notice demanding such removal. If they refuse, you can sue them civilly to get an injunction compelling them not to do any unauthorized alteration or incursion on your property. Again, the same goes for planting trees, and the same is allowed unless and until no nuisance emerges from it.

If the trees border the boundary wall, their roots or branches may go into your property damaging the wall or obstruct sunlight or falling debris; in which case, such may constitute a nuisance under property law. You can then ask your neighbor to cut down or remove the trees.

You may even draft a letter to the Bidhannagar Municipal Corporation or even file a civil suit, in case they are not agreeing to your demands. First of all, I would say you must have had formal communications for settlement amicably in that matter. And in case it is still persisting, then you would require to send legal notices or further legal proceedings for protecting your rights in that property.

Hope that this helps you to solve your problem.

Anik Miu
Advocate, Bangalore
11023 Answers
125 Consultations

In Salt Lake Sector 3, Bidhannagar, Kolkata, regulations concerning boundary walls and associated modifications are governed by the West Bengal Municipal (Building) Rules, 2007.

Barbed Wire Installation: The Rules define a "boundary wall" as a wall constructed along the property line, not exceeding the permissible height specified therein. However, they do not explicitly address the addition of barbed wire atop such walls. Therefore, installing barbed wire may be subject to local municipal guidelines or specific community regulations. It's advisable to consult the Bidhannagar Municipal Corporation (BMC) to ascertain any restrictions or required permissions for such installations.

Planting Trees Adjacent to Boundary Walls: Planting trees near boundary walls is generally permissible. However, the BMC emphasizes planting small to medium-sized trees to prevent accidents and ensure safety, especially considering the area's soil conditions

Times of India

. It's important to select appropriate tree species and maintain them properly to avoid potential damage to structures or encroachment on neighboring properties.

Recommendations:


  • Consult Local Authorities: Before installing barbed wire or planting trees near boundary walls, consult the BMC to understand specific regulations and obtain necessary approvals.

  • Select Appropriate Tree Species: Choose tree species that are suitable for the local environment and are less likely to interfere with structures or neighboring properties.

  • Regular Maintenance: Ensure regular upkeep of both boundary walls and adjacent vegetation to prevent any hazards or disputes.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you.

Shubham Goyal

Shubham Goyal
Advocate, Delhi
2141 Answers
16 Consultations

- The permission from the BMC is necessary before putting barbed wires 

- Further, the said neighbor cannot put barbed wires on the boundary walls which you have built without getting your consent as well. 

- You can lodge a complaint against him before the BMC Kolkata for the said violation of the rules. 

Mohammed Shahzad
Advocate, Delhi
15830 Answers
242 Consultations

If that wall is in your area then he can’t put the sand on your wall without your consent 

Prashant Nayak
Advocate, Mumbai
34591 Answers
249 Consultations

Ask a Lawyer

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