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Author Topic: issue with boundary wall attach with neighbour  (Read 670 times)

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Offline tarannum18

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issue with boundary wall attach with neighbour
« on: March 09, 2016, 04:58:09 AM »
We have bought a plot and build it 13 years back. The backside boundary wall is common to our backside neighbour and us. Our contractor has build that wall on the place of original wall which is actually inside neighbours area. To our backside wall we have attach a bathroom, store and a gallery. In the bathroom and store we have  9 inches wall out of which 4.5 inch in our area and 4.5 inch in neighbour's area. Only in the gallery we have a 4.5 inch wall which is in neighbours area. For all the wall construction we didn't ask our neighbour any money. Now we are constructing our upper floor and this time as we know the issue, we are constructing all the wall in our area. Still he had issues. He has suddenly came up 2 days before roof construction and saying that you are using my wall in the ground floor, So i will bring a stay to your work. Is it legally possible. We assured him that we will make a wall inside the gallery too, still cause of jealousy he want to stop our work. He is trying all his ways to stop our work. Are there any loop holes which common people are not aware and he can use to stop our construction. Can you help us with the basic legal laws regarding construction. And also how can we punish him legally, if he create any disturbance. Can we ask him for the money of the wall, we have constructed in his area.

Offline adv.amarnath

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Re: issue with boundary wall attach with neighbour
« Reply #1 on: March 12, 2016, 10:28:28 AM »
You may have not a good case but for instant remedy please file a Caveat case so that he cannot bring any injunction order for stalling your construction work ex parte
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Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline rajgopal sripathi

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Re: issue with boundary wall attach with neighbour
« Reply #2 on: March 14, 2016, 10:49:25 PM »
Hi
You are in possession of the wall (although it is 4.5 feet inside neighbour's place) and your neighbour did not object to it, 13 years ago.
so he cannot object to it now. you are in adverse possession of additional land that might belong to him and hence the property will be deemed to be yours.

Hope you also have the approval from municipal authorities to construct the additional construction.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline adv.amarnath

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Re: issue with boundary wall attach with neighbour
« Reply #3 on: March 17, 2016, 07:42:55 PM »
With due respect Mr. Rajgopal,

Can you please explain that how can a person prove that the wall is under his possession? There is no law regarding possession. Further adverse possession is a good defense but by adverse possession no one can be owner of that property. 
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Amarnath Sanyal
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