Rohit B 18 March 2016

Received caveat from neighbour

Me and neighbour have separate walls since we took out our wall share from common wall from old house 10 years back. My neighbour informed me about constructing his property and I assured him that we will support him. Also, I demanded him for agreement on same mentioning loss to my property due his construction will be given by him. But after all these discussions, he surprisingly issued Caveat to me. My builder suggested me now to demand him for Notary instread of agreement with him. I am really surprised that If i am taking into account relations and supporting him, still he is playing legal games. Since, our walls are side by side and once he takes out his entire wall, rain will be on my wall and inside coloring to my wall which i had done 8 months back will deteriorate. How should I proceed?? Should I let him take out his wall or progress for stay orders?

Reply Follow

1 Replies

(Guest)

Not sure about wall issue , because i can not understand position of land and wall from your word 100 %

Whether your and your neighbour land has different survey no. or you both are standing on same survey no. who is owner of land ?

How you can demand for agreement if loss to your property he will compensate , it is as if you are provoking dispute against him. What is legal relationship between you and his plot ? he is your neighbour so he can do whatever he likes with his land and you can do whatever you like regarding your land.

The wall between both of you is marking of frontiers , so he is not changing frontiers, only thing which is affecting is if he removes his frontier the wall on your side will be damaged, but he is not doing it it is nature which is doing it .

Caveat is proivion in court where if you file suit you have to inform him before injunction (stay) application is heard. So it is silly thing if you go to court inform him in writing or phone , as simple as that nothing seriously. Don't take this caveat issue serious.

This legal words put more stress in relationship than reality.

I feel better you personally sort out subject, even if you go in court if Judge feels it is not serious dispute will tell you to settle the issue personally . And you may end up only paying fees to lawyers and wasting time. Instead take help of some Civil Engineer or architect or some proper contractor with sufficient knowledge and take necessary steps to prevent wall damage. This will be cheap as visiting court which has 3 crore cases peding without conclusion and wasting time unnecessary .