If you remove common compound wall you have to pay for construction of the same
adjoining owner can claim damages only if damage is caused to his property
Issue with shared wall agreement
I recently bought a site to construct a house for my parents. The previous owner had an agreement to share a wall with the owner of the adjacent plot and accordingly the basement was laid in my plot (one side of the basement extends into their plot, so the costs for that side of the basement was shared by both or so it states in the agreement). I bought it with the intention that I had the right to construct in my part of the land without any issues. Now the issue is that I can't use that basement since my engineer recommends to remove the basement since my current plan for the house is different. But if I'm removing it I have to remove the wall their side also and the owner is claiming money for damages if we want to remove that. Does he have that kind of claim? Is he entitled to ask my for that money? How should I proceed with this?
Asked 4 years ago in Property Law
Religion: Hindu
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3 Answers
The wall is shared by both the owners equally hence you cannot claim full rights in it.
You may have to obtain his consent for demolishing the wall or you may have to compensate the neighbor for te damages that 7ou are likely to cause to him in this connection.
Alternately you can re-plan the construction without involving the wall by giving a set back.
Since you want to construct a house and live peacefully in it, why dont you compromise with the neighbor and arrange for a peaceful construction.
1. You have every right to remove the construction made by the earlier owner in your neighbour's plot.
2. He can not claim any compensation from you for such removal which is based on the advice of your engineer.
3. Obtain a written advice from your Engineer now itself.
