Sir, my mother bought a piece of land around 15 yrs back. We built a house on it around 5 yrs back. While building the house we had boundary issues with the back plot owner, who actually happens to be related (either son or brother) of the person who had earlier sold us our land. In order to resolve things smoothly I avoided constructing till the edge and have left space for window parapets. Now this backplot owner has sold the property to a constructor and be is constructing a 3 storeys complex. He has not only built till the edge on one but also expended his windows and parapet into my air space. Despite explaining to him several times my words were un heard. I feel extremely annoyed since my air is blocked and my privacy is invaded. This constructor is building these small dungeon houses for renting out. I approached govt. Office for getting the patta for the land, my application is still in queue. I agree that I should have done this far before. But I was unaware of such future problems. Now what can I do. Can I at the very least petition the EB office for denying new power supply to this contractor. Now the state of my bedroom windows is such that I will have breathe a kitchen and two bathroom windows from his property within 1.5 ft distance.
File RTI application and obtain copy of building sanctioned plans
2) if construction has been done contrary to sanctioned plans seek demolition of unauthorised construction
3) if no action is taken by muncipal corporation seek court orders for demolition of unauthorised construction
Hello,
File a suit for injunction against them
You should have taken legal action at that time itself when the neighbor started constructing the proeprty at the backside of your house especially when he had occupied your space and has constructed his house without giving setback space.
You can file a mandatory injunction suit seeking to remove the structure he has built which obstructs the air and light to your house.
Easements are legal designations that allow individuals or entities to use portions of your property (to build on or for physical access), even though you still own the land and technically have a right to build on it.
Easements in Gross are easements that grant the right to cross over someone else's property to a specific individual or entity and, as such, are personal in nature. In other words, they do not transfer to a subsequent owner.
An easement is a privilege, without which the owner of one tenement has a right to enjoy in respect of that tenement in or over the tenement of another person, by reason where of the latter is obliged to suffer or refrain from doing something on his own tenement for the advantage of the former.
The extent of a prescriptive right to the passage of light and air though a certain window is provided for by s. 28(c) of the Indian Easements Act. An easement of light to a window only gives a right to have buildings that obstruct it removed so as to allow the access of sufficient light to the window
Thus you can file a suit for mandatory injunction seeking easement rights on the above lines.
It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues.
