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MD.SIRAJUDDIN (SUPERINTENDENT)     19 March 2010

COMMON WALLS DISPUTE

I own a house property in Hyderabad, Andhra Pradesh of India. I am the absolute owner of the property. The house property is  a single storied building situated in the corner of the lane touching tow roads one side is the main road and another side is the sub road and both the roads are wide enough. It is a 1947 build house with gucchi and the roofs are a mix of gucchi and brickserty. The house was purchased by my deceased father from AP Housing board. It is a block of four houses and there are fourteen inches common walls in between the houses which are common to two adjacent houses. 

 

 The construction is almost fifty years old. The roofs will be thick roofs made of gucchi and bricks. We have done some repair work during 1998 by replasting the walls and the roof by investing around one lakhs.

 

Last year my neighbor who is having one wall common with my house has demolished his house leaving the common wall and constructed three storied bulding. While constructing the house he did not take half of the common walls but he removed the old gucchi plaster and applied cement plaster on it. I suggested him to take the pillars in side till the half of the wall just by removing to the extent of pillar and without removing total half of the wall he can use the wall by plasting it so that he can save some space instead of totally leaving the wall but he did not care for it. However on the first and second floor he extended the roof towards my house to the extent of the half of the wall (chujja type) so that when I construct my house I should not take his half of the wall.

My another neighbor with whome my house wall is common has also constructed leaving the common wall and there is no dispute between them and me.

           

            During construction of his house there was a conflict between him and me as there was damage to my roof on account of the negligence of the labor which was not set right. In addition they have used one of my wall which is in the front portion of the house for which they did not pay me anything.

 

            When I start construction if I construct leaving total common wall which will leave a space between the two houses and walls will be passing touching the chujja left by neighbor, then who will bear the expenditure for filling up the space in between two houses.

 

In case if I utilize the half of the common wall and take the chajjas within the walls the neighbor may go to town planning with a complain and there may be hurdles in construction.

 

Can I take total wall left over by another neighbor with whome I do not have any dispute. If the wall is left over as it is then the space is not useful for either of us.

 

What is the actual rule of construction relating to the houses of common walls? Till what extent a common wall can be used for reconstruction purposes.

Kindly clarify in detail.

 

MOHAMMED SIRAJUJDDIN



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