• Neighbor raised the boundary wall too high

We have built a single floor house and living in that neighborhood in Trivandrum, Kerala for around 20 years. One side of the neighboring plot was vacant until 6 month ago and someone bought it and now constructing a house. They will be sharing on of our boundary walls, however they have added another 6 layers of RCC bricks on the wall without our permission thus blocking our house completely till the roof of our house(resulting in darkness and lack of air). They did this as a revenge against my Mother(she is living alone there) when they asked her if they can move the electric post near our house Gate-for which she declined since the location they wanted to move is our private property + it will block our vehicle to enter our gate. Our Residents Associate Board Members came and told the neighbor to remove the wall they built however they are not listening and threatening us that they will complaint to Corporation that we had built the Car porch against corporation rules by not keeping the needed distance betweeen the Boundary and wall and the Porch(The porch was not built when the house was built. We just extended and added 2 pillar for a temporary support because earlier the  leaves and fruits of trees from the vacant plot was damaging our house front and every day was a mess,. The plot owner at that time didn't listen to our request for trimming down the trees so we just extended the roof to look like a Car porch to avoid damaging the House Front). Now that the new neighbor is threatening on this point that he will see us in the court and not going to remove the walls. We are planning to file a police complaint against them for threatening my Mother with Residents Association Support.Please advise what we need to do legally(If we should demolish the Car Porch if that's needed as per the law, I am totally fine). I am living outside inside and Mom is living alone in the house
Asked 1 month ago in Property Law from United States
Religion: Hindu
1) whether municipal corporation permission has been obtained to construct high compound wall 

2) in no such permission obtained complain to municipal corporation for demolition of unauthorised construction 


3) if corporation fails to act file RTI application as to what action has been taken on your complaint 

4) file suit and obtain court orders to demolish compound wall constructed 

5) file police complaint against neighbour under section 506 of IPC for criminal intimidation 
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
5.0 on 5.0
1. Well, you can not strop constructing the wall only because it will stop coming of light and air if the same is made in his land.
2. Yes, your mother can lodge complaint of criminal intimidation and threat.
3. If the porch is built violating the relevant building rules then the same may be directed to be demolished.
So consult a lawyer and proceed further.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Hello,
1) Your mother must certainly lodge a police complaint and possibly make it an FIR for criminal intimidation and threat.

2) Your neighbour cannot hide behind the illegality of construction of the car porch to justify his illegal construction of the wall depriving you of light and air at such proximity.

3) What your neighbour has done is legally an infringement on your easement rights. Let me quote for your benefit what easement rights is defined as"Easement" defined. -An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own. Dominant and servient heritages and owners. -The land for the beneficial enjoyment of which the right exists is called the dominant heritage, and the owner or occupier thereof the dominant owner; the land on which the liability is imposed is called the servient heritage, and the owner or occupier thereof the servient owner. Explanation. -In the first and second clauses of this section, the expression "land" includes also things permanently attached to the earth; the expression "beneficial enjoyment" includes also possible convenience, remote advantage, and even a mere amenity; and the expression "to do something" includes removal and appropriation by the dominant owner, for the beneficial enjoyment of the dominant heritage, of any part of the soil of the servient heritage, or anything growing or subsisting thereon. Illustrations
(a) A, as the owner of a certain house, has a right of way thither over his neighbour B's land for purposes connected with the beneficial enjoyment of the house. This is an easement.
(b) A, as the owner of a certain house, has the right to go on his neighbour B 's land, and to take water for the purposes of his household, out of a spring therein. This is an easement.
(c) A, as the owner of a certain house, has the right to conduct water from B 's stream to supply the fountains in the garden attached to the house. This is an easement.
(d) A, as the owner of a certain house and farm, has the right to graze a certain number of his own cattle on B 's field, or to take, for the purpose of being used in the house, by himself, his family, guests, lodgers and servants, water or fish out of C 's tank, or timber out of D 's wood, or to use, for the purpose of manuring his land, the leaves which have fallen from the trees in E 's land. These are easements.
(e) A dedicates to the public the right to occupy the surface of certain land for the purpose of passing and re-passing. This right is not an easement.
(f) A is bound to cleanse a water course running through his land and keep it free from obstruction for the benefit of B, a lower riparian owner. This is not an easement."

4) Therefore your legal remedy is to approach a civil court to file a suit to compel the neighbour to pull down the wall or partially demolish it to the extend of allowing you sufficient light and air.

5) You need to think of alerting the car porch or any Demolition only if and when you are required to do so in case your neighbour complains or you receive a notice. Their of no direct linkage between this and the illegal wall he had erected.

6) Engage a lawyer to assist you locally.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
1. You could have taken preemptive action by filing a suit for permanent injunction against the neighbour to restrain him from raising any construction in a manner that would block any part of your house. The title holder of your house, which has been blocked due to the construction made by your neighbour, has to file a suit for mandatory injunction against the neighbour to compel him legally to demolish the wall.

2. Since the dispute is entirely civil in nature there is nothing which the police can do. Your remedies are only before the civil court.
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
5.0 on 5.0
1) never bow down to threats 

2) in addition your mother has  the support  of residents association 

3) court sympathy will be with your mother as she is staying alone in the house and is being intimidated by your neighbour 

4) you can file RTI with municipal corporation as ti whether any permission granted for high compound wall
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
5.0 on 5.0
1. Understand from your query that you already had a boundary wall which has been upwardly extended by you neighbour. This itself is an illegal act on the part of your neighbour since, they can not make any alteration to your constructed wall.

2. Every Municipality/Corporation has it own rules for building construction including construction of boundary walls and your neighbour shall have to comply with the same.

3. Lodge a complaint to the police and also local Municipal Corporation against the illegal construction conducted by your neighbour.

4. If police and/or Municipal Corporation fails to take any action, file a Writ Petition before the High Court against police and the Corporation for their inaction praying for relief.

5. For getting your Car Pouch demolished, your neighbour shall have to file a separate case against you.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. Lawyers  are also bound to comply with law. Do not be carried away by his such threats.

2. Pursue the Residents Association to take up the matter with the police and the corporation for their action It will help you in your further legal proceedings.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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