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Sidhartha Mangaraj   13 March 2021

Neighbour parapet over my boundary wall

I have left space around my home for ventilation and the plot is bounderied. My neighbour built parapet over my boundary wall. At that we have understanding that my neighbour have small plot so I can adjust that parapet. But now he have installed an AC on the parapet. At that time objected but didn't listened. I have left space for ventilation. What should I do? Do I complain to police or what?


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 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     13 March 2021

Hello,

Resolve your dispute with mutual and amicable settlement as he is your neighbor. Alternatively, you may send a legal notice as it is blocking your ventilation. 

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Anoop John (Private)     11 April 2021

Normally the setback distance is calculated from the boundary to the building wall, and the projection of the sunshade is not considered in the calculation. But no part of the construction or even trees can't cross beyond their boundary line to neighbors' plot. So, if the parapet is over your boundary wall, I assume the boundary wall is inside your plot, you can file a complaint with municipal authorities or even in court to get the projected part of the sunshade demolished which will force them to come to you for an amicable settlement.

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