ravi 11 August 2018

Mental harassment by our neighbour

Hi,

This is regarding mental harassment by my neighbour. We have been suffering mental torture for many years from our neighbour on the ground floor. The latest case is, we were installing split air-condition in our house and the unit has to be installed in the wall outside. This was being done at 3 pm as per society rules (after 2.30 pm the work can be done). Our neighbour took objection and told me to install the unit on top of our house. I asked her to complain to the society if she has any issues. After about half an hour, police came to our house and said that she had made a complaint about us. We explained to the police the details and they left. We have written a strong letter to the society and are awaiting their response. The next day of the incident we went to our local police station to file an N. C. Police said they do not file N.C. for civil matters and we should take it up with society and file a court case.
We need your advice on the next step as all our society members came to know that police had come to our place, which is not a good thing specially for respectable citizens.
Also, both my husband and I are retired hence we have financial constraints.
Please advice us so that we can stop this nuisance once for all.

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2 Replies

(Guest)

This is not a legal matter. You need to sort this with your neighbour than continue fighting or change the place if it is troublesome. Court cannot do anything in this, simply court will harass you some more in name of case hearing for next 30 years. Sort matter amicably.

Adv Deepak Joshi +917017821512 (Advocate) 11 August 2018

Dear querist,

Private nuisance :

It may be defined as unlawful interference with another's use and enjoyment of property or some right over or in connection with property. Action for nuisance lies for the protection of plaintiff's property rather than for damages.
Private nuisance is the using or authorizing the use of one's property, or of anything under one's control, so as to injuriously affect an owner or occupier of property by physically injuring his property or by interfering materially with his health, comfort or convenience. Private nuisance include acts leading to

a) wrongful disturbances of easements ( restrictions of natural rights ) or servitudes. E.g. obstruction to light and air, disturbance of right to support or

b) wrongful escape of deleterious substance into another's property such as smoke, smell, fumes, gas, noise, water, filth, heat, electricity, disease-germs, trees, vegetation, animals, etc.

c) improper use of one's own property resulting in physical injury to the person, property or comfort of the occupier of another property. Some of the actions for discomfort are vibrations caused by machinery and dust etc. It is actionable only as as a nuisance if done maliciously.

Highway :

If a nuisance is created on a highway by a private individual, liability would arise if any person is injured as a result of what has been done irrespective of negligence. If anything is placed on a highway which is likely to cause an accident being an obstruction to those who are using the highway on their lawful occasion such as vehicle unlighted and unguarded standing there at the night and an accident results, there is an actionable nuisance.

Remedies for private nuisance

a) abatement

b) damages

c) injunction