Hi, you can't compel the adjacent owner to enter into their property. Legally you can't do anything. Tried to convince the adjacent owner is only way.
Neighbour's problem
I have constructed G+3 floors building in 30 x 40 site in BBMP Area and i also have BBMP sanctioned plan, I have left setback of 2 feet on 3 sides in ground floor and 16feet in front which is for parking. In first, second, third floors, i have covered 10 feet at backside and 8 feet at front side till boundary and left setback of 1.5 feet in between these at right side. Left setback of 1.5 feet at Backside. Now the problem is coming from Neighbor who is living on right side of my building and they have already constructed Ground and first floor about 2-3 years back. we have not made any objections. They have constructed the house till boundary at our side without leaving any setback and they have covered on all sides till boundary except setback of 2 feet for 15 feet in length at right corner side of their building for plumbing lines. Now our construction is finished, Plastering is completed inside and outside except right side. They are not allowing us to enter their property to do plastering and we tried to talk to them but they are not ready for it. How to resolve it and who can help us and what is the legal way to get our work complete.
Asked 4 years ago in Property Law
Religion: Hindu
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11 Answers
Meet the local Councillor or the Corporate or seeking his intervention.
If this fails to give any result then file a suit for declaration and injunction.
Complain to muncipal corporation against neighbour if he has carried on construction without leaving any setback area
2) check building plans sanctioned by Muncipal corporation of neighbour
3) you cannot enter neighbour property to carry on plastering of your house
- The said construction of the neighbour without leaving vacant portion of land is against the law.
- Hence, you can lodge your complaint with the Municipal corporation against him .
- Otherwise , you will have to approach the court for getting direction .
- However, try to settle the dispute amicably.
1. If your neighbour has not left the setback required to be left under the law/rules then you ought to have sent a complaint to the competent authority to take action under the law against him. The delay of 2-3 years goes against you.
2, Be that as it may, you can send the complaint even now, and if no action is taken by the competent authority, you may then file a suit for mandatory injunction against it in the competent civil court.
if i go to court, if they find that even our construction is not as per approved plan. I left setback of 1.5ft on right side about 20ft in length in the centre for Air and Light. Also left 1.5ft at back side of the building. How the court will decide this case and how much time will they take to give order. My construction is almost finished. Pl advice.
Asked 4 years ago
Construction has to be as per sanctioned plans
2) apply for regularisation of unauthorised construction done if any
3) if there are minor deviations you should not face problems
- Legally you can apply for getting regularisation of your dully constructed house after paying penalty before the Municipal corporation.
- However, your dispute with the neighbour is different from the approved plan , hence you can approach the court for getting permission to plaster your houses out area.
You first issue a legal notice to the neighbor to allow you to enter into their space for completing the plastering work on your side with an assurance that you will restore their place with the same cleanliness after using it for a day or two.
If they are still adamant then you may approach court with a suit to direct your neighbor to permit you to carry out the said task with an undertaking to safeguard their property against any damages from your side.
Once the court summons arrive at their door step they may realise the problem of visiting court sparing their valuable time to attend to the litigation, hence they may even come down to accept your request made through your legal notice.
You dont approach the court for set back issues, you may have to file a suit for directions alone without touching the subject of irregularities on both the sides.
You may discuss with your advocate and proceed as suggested.
Dear Sir,
The Courts cannot backfire the issue. So you may approach the Civil Court and get immediate appropriate orders.
Time frames can't be determined in Indian court. If your construction is also illegal then it can go against you.
