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jayaramanraju   17 April 2015

Private rights

The neighbour is a brick maker who has dumped the soil along the compound wall of our house.

1. The soil dumped rises over the compound wall and thereby when it rains the soil is washed into the compound, spoiling the plants and the open space inside the compound.

2. because of the soil rising above the compound wall, dogs, and other animals also walk into the compound easily. the surrounding place is infested by snakes, rats etc.

3. Initially the soil dump was restricted to 10 feet away from the compound, slowly he has encroached upon the entire area and refuses to remove the soil away from the compound wall. As far as I know the encroacher has no ownership rights to the area close to the compound wall.

4. when we were setting up the compound wall of the house, he requested that we leave some area of our property, because (according to him) the area behind falls under the open drain system as such he would arrange for the construction of the drain by including his part of the land too; now we realize that it was all bogus talk, just to defraud us and usurp the additional land left by us, around 2 feet along the length of the plot (52 feet). He played the same game with the other of our neighbours too. that way he appears to be encroaching upon not less than 300 sq ft apart from the open land behind our house. 

5. My problem is how to make him understand that he is creating a nuisance and to remove the soil away from our compound? 

 

I tried attaching a picture of the dumping etc but the portal does not permit.

 

Pl suggest a suitable solution to my problem.

 

Jayaraman Raju



Learning

 2 Replies

saravanan s (legal advisor)     17 April 2015

for how many years he has been in possession of the strip of land.if its beyond twelve years he might claim adverse possession rights over the land.if its less than twelve years file a suit for possession over the land and obtain a mandatory injunction

jayaramanraju   20 April 2015

thanks Mr Saravana for taking time to respond to my query.

this nuisance commenced only recently - less than an year.

my immediate issue is to stop him from dumping the soil in the area adjacent to the compound wall. because the soil is flowing down into the compound and is slowly filling up. I tried explaining to him the problem many a times but he is adamant on dumping the soil. I want to restrain him from dumping the soil and to make him withdraw the soil away from the compound wall. pl advise.

 

Thanks Once again,

 

Jayaraman R 

+91 9972028752


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