allow for carrying construction work
Biranchi
(Querist) 22 August 2016
This query is : Resolved
My neighbour does not allow us to plaster on her side of wall by which the brick wall detoriates and water seeps into our house. Facing lot of problem in rainy day. What to do plz suggest. The lady also threatens always to file case of harassment if we start construction work on her side. Plz reply
Guest
(Expert) 22 August 2016
No remedy, as you cannot do anything on her side of wall without her specific permission.
Rajendra K Goyal
(Expert) 22 August 2016
You have not mentioned:
Whether wall is jointly possessed, whether in your land, whether she is having any wall on her side, who got it constructed?
If wall is in your ownership, no amicable settlement possible, may approach and satisfy the court about necessity of your action and for permission to protect your property by plastering.
adv.bharat @ PUNE
(Expert) 22 August 2016
Author need to explain the query raised by expert to get solution for his problem.
Try to solve the matter amicably by discussion.
Guest
(Expert) 23 August 2016
You may file a civil suit seeking mandatory directions to the defendant/neighbour to either repair their wall or allow you to bear expenses for the repair as may be seem correct to the court. Further you may also claim damages for the nuisance created. If you need further help you may call me on the number below.
Regards,
Rit Arora
Advocate
7838737001
Guest
(Expert) 23 August 2016
I don't thing tresspassing on others property would be allowed by the court. Suppose, even if some court allows you tresspassing your neighbours property that forceful action on your part cannot restrain your neighbour to cause more harm to your property subsequently. You are required to respect the privacy of your neighbour also, as like yours.
Running to a court for help is not always the panacea of all ills.
So, only Amicable settlement can be the best solution without creating any animosity with your neighbour for ever.
