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Puja Shah   20 May 2021

Neighbourhood problem

We have 1+1 house in chawl. We have planned to shift our kitchen and living on first floor and divide the ground floor section in three equal parts so that we can rent the same. But for that we will have to give doors and windows to all the rooms. For two rooms it is fine but for the third room same will come in passage which is the only way for in-out for our other two neighbours. And one of the neighbour is claiming the ownership of the passage.  I m damn sure that they will create a problem during construction. There are 5 family members in the house and all of them come for quarrelling specially the females of the house so that their case becomes strong. Can anyone please provide any solution for this problem. Or any precautions I need to take before starting my work.



Learning

 1 Replies

Vasundhara Singh (Student)     07 June 2021

Hello!  

You have the right to build rooms in your building for rent but at the same, it is mentioned that for one of the rooms there will be interference with the only way of passage for your neighbours. If he has been using that passage for quite a long time, they can claim an easement. Under the right to easement, the property owner attains a right of way, the right to air or right to light, the right to build, the right to the uninterrupted flow of water and these rights are called easement rights.  

Easement rights are guaranteed under the Indian easement Act, 1882.  it would be advised to you that refrain from doing so as section 35 of the act provides for injunction that means the order of the court stopping a person from doing a particular act.   

Therefore, if it found that your neighbour has an easement right then he might be able to get an injunction against you and you will have to stop interfering into his right of passage.   

Best Regards,        

Vasundhara Singh  


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