• Seepage and non co-operation for neighbour

Sir,
My house was built in 1993. An year an half later my neighbour built his house. We share a common wall which was built by myself. 
1. My neighbour has never paid for the common wall, despite repeated polite reminders.
2. He built his water tank using the common wall as one of the four walls required for building the water tank, without even reinforcing the common wall.
3. Earthquake of 2001: After the earthquake the seepage problem started in the common wall. My neighbours bathroom pipes and mine were both on the common wall for the second floor washroom.
4. To address the seepage, I installed a sintex water tank and stopped using the one that was constructed by me initially.
3. For the last 10 years, some water seepage was occurring on the common wall. Despite several polite requests, he claimed that the water seepage is due to some fault in my construction. But in 2015-16 we overhauled and renovated all pipeline and the entire drainage system for all washrooms besides renovation of the entire house. Still the seepage has not ceased, in fact it has become worse, but my neighbour is not co-operating. I have invested heavily in my house and my neighbour is not even paying attention to this problem even as there is even more seepage due to this in his own house at the same level. 
4. I have told him it is illegal what ever he has done, but i do not know how to protect my property as he is indifferent and has not stopped using the overhead tank that is built using the common wall without any reinforcement . Please suggest. Warm Regards,
Asked 1 month ago in Property Law from Gandhinagar, Gujarat
Religion: Hindu

1) contact a local lawyer and issue legal notice to neighbour to carry out necessary repairs 

2) if neighbour fails to do so you should move court and seek court orders to direct neighbour  to carry out repairs and rectify seepage 
Ajay Sethi
Advocate, Mumbai
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Contact a structural engineer and obtainhis report as to nature of leakages 

 2) send copy of report to neighbour 

3) if he fails to carry out repairs act as advised earlier 
Ajay Sethi
Advocate, Mumbai
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The sure shot remedy for you within the legal framework is to file a suit for mandatory injunction against him to seek court's directions to him to plug the seepage forthwith. Along with this you can also claim damages from him in the civil court. No statute will operate here.
Ashish Davessar
Advocate, Jaipur
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450 Consultations
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Your remedy is only under the civil law, which you may adopt through a suit for injunction and damages.
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
5.0 on 5.0
I have told him it is illegal what ever he has done, but i do not know how to protect my property as he is indifferent and has not stopped using the overhead tank that is built using the common wall without any reinforcement . Please suggest. Warm Regards,

You can file a mandatory injunction suit against your neighbor seeking court dirction to restrain him from using your common wall for his purposes like over head tank or water and sewage pipes.
You can get a report  from a qualified engineer in this regard and file the same along with the plaint for justifying your cause of action for the suit.
In the same suit you may seek for an interim injunction restraining the neighbor from indulging into any activity that is observed as detrimental to the peaceful possession and enjoyment of your property in any manner till the disposal of the main suit. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
I would like to add that my neighbour has built the ground floor of his house in 1994-95, the first floor was made around seven years later, but never has he paid for the common wall. I also kind of almost waived it as despite polite requests he did not pay. But the problem now is that the water is seeping through to the second floor (floor level) of my house through the common wall, through the area adjacent to the washroom. Both washrooms, mine and his , are both are built against the same common wall. I have now renovated all washrooms, and yet the seepage is continuing. Kindly advise me on this. Also, will only tortuous liability lie against him and no other statute. Kindly also mention any applicable statutes..

Why did you not raise a serious objection while he continued to use yor wall as a common wall. 
This wall belongs to you since it is built on your property hence it cannot be considered s common wall. If at all he wants to construct any structure then that should be based on his own wall and should not lean over your wall. 
Legal obligation of one party to a victim as a results of a civil wrong or injury. This action requires some form of remedy from a court system
A tort liability arises because of a combination of directly violating a person's rights and the transgression of a public obligation causing damage or a private wrongdoing. Evidence must be evaluated in a court hearing to identify who the tort feasor/liable party is in the case.
If a person's property falls on your property due to a gross negation, if he do not take responsibility he will be under tort liability.

There is no statutory law in India, unlike	in England, regulating damages for tortuous liability. In the absence of statutory law or established principles of	law consistent with	Indian conditions and circumstances,	the common law principles shall apply which evolves on grounds of justice, equity and good conscience	Common law principles	of tort evolved by the courts in England may be applied in	India to the	extent	of suitability	and applicability to the Indian conditions. Thus the tortuous liability as per common law shall be the solution to this.

T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0

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