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sanjai (manager)     06 February 2012

Construction in flats common area with seeking approval

Hello,

I own an apartment in Chennai and the flat is registered in my name. My block constitutes of 4 flats (i.e ground plus 1 and each floor has 2 flats). The flat I own is in the first floor. Surrounding the ground floor is a common car park and pathway. Recently my neighbors (both) living in ground floor had approached my parents (in my absence) and have enquired for construction on the common pathway (leading to my car park). The proposed Construction (a wall measuring a foot or slightly more) was so planned that it would raise my approach to car park area by a foot. They claimed that this would prevent the rain water logged outside the compound wall to enter into the staircase. My parents had immediately refused to the construction as this would, create unnecessary hassles for me and my aged parents when walking through the common pathway. Yesterday, my neighbors had started work on the construction in the common pathway and upon my intervention have stopped the work.

 

I expect my neighbors to provide a written statement on any structural construction in and around the common pathway and obtain the consent of all the owners in writing before initiating such work. What type of legal notice should I issue to my neighbors in order to prevent them from initiating any future constructions without my (and all the other flat owners) written consent?

Also should I notify the local police of the incident that has happened?



Learning

 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 February 2012

The idea in giving Notice to person likely to be affected was two fold:-

1) One should not be taken unawares as to what was being done to him; and

2) By giving Notice the recipient thereof may take necessary action and avoid litigation.


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