Using my house compound wall by neighbour
Patel
(Querist) 15 September 2015
This query is : Resolved
I am professor in College, I am residing in Nashik, I build my small bungalow in 2010 with compound wall. now a builder constructed a row houses on adjoining plot. He constructed compound wall all three sides except to my side and forcing me to allow him to use my compound wall as a combine wall.
Pl. advise me how can I take legal action against him.
malipeddi jaggarao
(Expert) 16 September 2015
Since the wall is already constructed, you can ask for fair compensation. Otherwise serve a legal notice and file a suit in the Court.
Rajendra K Goyal
(Expert) 16 September 2015
If the wall is in your plot, he has no right to use the same.
Anirudh
(Expert) 16 September 2015
The question to be asked is, has he encroached upon any part of your property (i.e. land)? If not, you have no legal right to insist that he should construct a boundary wall. Whether to construct or not is his choice.
Similarly, If you for any reason, destroy your compound wall, he cannot object to it. That's all.
malipeddi jaggarao
(Expert) 16 September 2015
Agreed with the opinion of expert Shri Anirudh.
P. Venu
(Expert) 16 September 2015
What do you mean by "forcing me to allow him to use my compound wall as a combine wall"?
Patel
(Querist) 16 September 2015
Thank you very much all for giving your expert opinions,
Dear Anirudh Sir, does it mean that neighbour has a right to use the neighbours wall? and has no need to construct his own boundary wall ?
Secondly, the meaning of "forcing me to allow him to use my wall as a combine wall" is that the builder is saving the money by not constructing boundary wall for his row houses. In future I'm scared that his costumers may construct the shade on my boundary wall.
K.S.Srinivas
(Expert) 18 September 2015
If the compound wall was constructed within the boundary of your plot, do not allow him to use it as common compound wall.
Do not agree to construct a common compound wall within the common area.
