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Author Topic: Harassment by neighbor for acessing our house  (Read 728 times)

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Offline alexkimmy

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Harassment by neighbor for acessing our house
« on: February 11, 2016, 05:27:08 AM »
I am from Goa (India). I am having a bitter relation with my neighbor. The situation is like this
Infront of my house there is a 5 storey building constructed about 10 years ago. My house is existing for more than 30 years. The front facing of house is towards the building. There is a main road infront of the building and another road behind our house which is our actual access road as per the plan. But since the plot infront of our house was empty our house was built with front facing towards the main road. But when the building was constructed 10 years ago, it blocked the front of our house. The building has its parking area behind it i.e infront of our house and a passage under the building leads to this parking area. Also there is a 5 m wide strech of PWD area (water line) running parallel between the building and my house.
The problem is that we have our main gate directly behind the building and if we have to access the house from the main road we have to pass through the building passage (which is used by building occupants for parking access) to enter through our main gate.
There is one occupant of the building who has recently started threatening us from passing through the building property. He argues that our access road is the one behind our house, which is actually true, but since we have our house faced towards the main road and using the front gate for access we have to use the building premises.
The building is 5 storey with bottom two storeys for commercial purpose and the top 3 for residential. It has no fence built around it. He is also planning to put a gate in the building passage so as to stop us from using this passage.
Can I be legally banned from using the building property for accessing our house.

Offline adv.amarnath

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Re: Harassment by neighbor for acessing our house
« Reply #1 on: February 16, 2016, 11:38:01 AM »
You have main road to access just behind your house so it will be better to avoid dispute and use the back door as per plan of your house. Your matter is not so strong and neither it will stand before the court of law under the claim of easementary rights.

Amarnath Sanyal
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