• Neigbour car Parking

My neighbour always parks his car in front of our compound even though he got parking space in front of his house. Even after giving warnings he intentionally repeats it troubles us to park our car. What action can we take for this? I am also planning to install CCTV coverage to record the evidence for this menace. Please suggest
Asked 1 year ago in Civil Law

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6 Answers

1.  Complain to traffic Police regarding the nuisance being created by your neighbour by parking his Car in front of your compound even though he has got parking space in front of his house.

2.  If there's no positive response to your complaint, complain directly to the Jurisdictional SP for his intervention in the matter.

3.   As you have rightly suggested, install CCTV to capture the evidence.

Shashidhar S. Sastry
Advocate, Bangalore
5448 Answers
330 Consultations

Issue legal notice to neighbour not to park his car in front of your compound 

 

2) if he refuses to listen obtain court order restraining neighbour from parking his car in front of your compound 

Ajay Sethi
Advocate, Mumbai
97442 Answers
7874 Consultations

If he is not listening to oral requests you can issue a legal notice instructing him to refrain from indulging in such disturbance or creating nuisance to you by parking his car in front of your compound wall thereby obstructing you from parking your vehicle and enjoying your property peacefully.

 If he still does the same thing you may resort to legal action by first lodging a criminal complaint against him for creating nuisance by intentionally parking his vehicle in front of your house and also obstructing your passage and parking your vehicle.

If police action is not proper then you can file an injunction  suit against him restraining him from parking his vehicle in front of your house and also for easement rights. 

T Kalaiselvan
Advocate, Vellore
87639 Answers
2352 Consultations

- As per law, one not having right to use the space of others for parking his vehicle without permission. 

- Hence, if he continued , then you can file a complaint against him before the local police 

- Further, you can also send a legal notice to restrict him , and if no positive result , then you can file an Injunction suit before the court for passing order of restraining him from trespassing in your area. 

Mohammed Shahzad
Advocate, Delhi
14746 Answers
224 Consultations

Yes you can record the same and produce it 

Prashant Nayak
Advocate, Mumbai
32816 Answers
209 Consultations

Dear client,  

Dear sir/madam,

 

Your advocate can refer to these sections/laws:

The National Urban Transport Policy (NUTP) of India devised by the Ministry of Urban Development in 2006 largely sets the tone for parking in India. It directs state governments to make suitable amendments to building rules to provide adequate parking spaces. The Municipal Corporation or the concerned city authorities have the mandate to govern both on-street and off-street parking. However, laws relating to parking are loosely set, based on guidelines and conviction of the local bodies since states have historically given less importance to parking while devising urban development plans.

The Rules of the Road Regulations, 1989 state that when parking a vehicle it must be made sure that “it does not cause any danger, obstruction or inconvenience for other road users.”

Clause 122 of the Motor Vehicles Act (1988) says that “no motor vehicle should be left on the public road in a dangerous position or in such a manner so as to cause inconvenience to other road users or abandoned.” This means that parking in front of a neighbor’s garage, double parking, parking on private property or public places not sanctioned for parking is against the law.

Even places that are designated parking areas are not free of regulations; clause 126 of the Motor Vehicles Act states that “no motor vehicle should remain stationary in a public place unless there is a licensed driver in the vehicle or where the engine has stopped running, proper precautionary methods have been taken to ensure that the vehicle will not move accidentally in the absence of the driver.” Sloped roads or storefronts with “No Parking” signals are not fair game.

Anik Miu
Advocate, Bangalore
10358 Answers
121 Consultations

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