Common wall
Hitesh Sethiya
(Querist) 27 August 2013
This query is : Resolved
Hello! i'm from mysore. My grand father had sued our neighbor for "setback on construction". we have a common wall. he says the wall belongs to him and he can demolish the complete wall whenever he wants. is it true?? Can a common wall be owned by a single person? if so, what can we do so that he can't demolish our wall and i would like to know what is meant by setback. Please Help!!
Raj Kumar Makkad
(Expert) 27 August 2013
Common wall means join ownership of both parties and such wall cannot be demolished by a single party without consent of other so in the given matter, obtain an injunction order the local civil court and also make a complaint before the local police station.
Rajendra K Goyal
(Expert) 28 August 2013
Common wall can not be demolished by one joint owner. You may get stay order from local court.
malipeddi jaggarao
(Expert) 30 August 2013
If the wall is constructed in the piece of land belonging to both the parties and is constructed with the consent and on the basis of sharing expenses then only it is common wall. If it is in one person's piece of land, it is his wall and not common wall. If it is constructed in the common place without consent, it is illegal encroachment. However, better to have a dialogue, engage a surveyor to demarcate the place of construction. The real facts will come out. Then you can determine the course of action.
