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Ram   11 January 2022

Boundary wall dispute with neighbour

My neighbour has not construced his own boundary wall and now he has filled the empty space between HIS home and OUR boundary wall (its a little over 4.5 feet high and we have a garden on our side where the ground is lower) with mud till the very top of the boundary wall. His kitchen sewage falls right there on this mud that he has filled and as a result, our bounary wall stays perpetually wet and to further antagonize us he has directed the overflow pipe of his water tank towards the boundary wall so whenever this tank overflows all the excess water falls near our wall and it remains wet throughout. What can I legally do to get him to remove that mud and direct the kitchen sewage and overflow pipe elsewhere? We have already tried talking to him politely but he hurls abuses at my parents who are old. So I am looking for some legal help.

Not sure if you guys realize this but all that mud will push the wall towards our end and eventually it will fall. So this person is deliberately trying to cause damage to our property.



Learning

 1 Replies

Anaita Vas   12 January 2022

 In these circumstances, you can file a suit for recovery of damages against your neighbor to make him liable for the loss occasioned to you due to the demolition of the wall. Also, seek a permanent injunction against him to stop him from causing further damage to your property.

Aside from the civil remedies mentioned above, a criminal complaint about house trespass and mischief should also be filed against him.

You can also claim damages against the neighbor for reconstructing the boundary wall.

File complain to police or to executive magistrate u/s 145 Cr.P.C.

 

Regards,

Anaita Vas

 


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