• Neighbor dispute

Hello everyone,
         I need your advice regarding my neighbor.
I have an apartment complex with few shops in it.
My neighbor's apartment building is next to us. 
Water is coming from my neighbor's apartment complex to our building.
Initially, we thought the water was leaking from our building and called plumbers to fix it. We tried several things and spent a lot of money and found out that the water was coming from my neighbor's building. Now my neighbor is not fixing this water problem in his building and creating a problem for our building. This is causing water problems to the tenant shops,  The water leakage is entering the walls, inside shops in the basement. A foul smell is coming everywhere as it is drainage water leakage. It has become unhygienic to manage our lives in these conditions. The leakage has been happening for more than 2 years. Moreover, the strength of the foundation, walls, and carpet damage is a huge financial loss.
We requested him many times and now he is ignoring and not fixing it.
Our ask is to repair the damage caused and pay monetary compensation.
Could you please advise me on how to go about it? Can we send a legal notice to him?
How effective it will be if we send a legal notice?
What should we do if he doesn't respond to legal notice? 
Please let me know. Thank you.

Regards, 
Sri
Asked 11 months ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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16 Answers

You consult a local lawyer and issue a strong legal notice giving the details of the damage caused from his side in this regard, with your assessment of the monetary loss towards the damages, besides polluting your atmosphere with drainage water and stench and demand him to fix the problem and also to compensate the fiscal loss.

Failing to yield any response you can either sue them directly by filing a suit for mandatory injunction against them to repair the leakage and to ensure that this is not repeated and also for compensating the loss.

Alternately you can give a complaint to the municipality also in this regard and request for proper action against the neighbour to rectify the problem.

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

1. As you have rightly suggested send a legal notice to the neighbour to rectify the damage caused and pay you the compensation.

2. Complain to the jurisdictional City Corporation/ Municipal Office about your neighbour and probable spreading of disease as it's stinky resulting in foul smell.

3.  You can a file a case against your neighbour in the jurisdictional Court for nuisance U/s. 268 of IPC.

Shashidhar S. Sastry
Advocate, Bangalore
5425 Answers
330 Consultations

Yes you can send legal notice and then seek remedy against him in court if requires. You can also complaint in corporation 

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

Hello,

Given the situation you have described, I would first make the following assumption.

Your property in concern is in India. If so, then to answer to your questions

Could you please advise me on how to go about it? Can we send a legal notice to him?
[A] Yes, you can issue a legal notice to your neighbor seeking the necessary remedy and rectifications of the drainage issue.
If your building has an owners' association, you can also file a written complaint with them. If not, then the above path will be the first step,
Additionally, you can also file a complaint with the local municipality or corporation or panchayat (whichever is collecting property tax from you
for this property)

How effective it will be if we send a legal notice?
[A] Effectiveness in terms of the person coming forward and correcting the issue based on legal notice? It all depends
on the person's awareness of the legal consequences..
However, this will be the first step towards proceeding with this further legally.

What should we do if he doesn't respond to legal notice?
[A] You can then approach the civil court and file a civil suit against him. The legal notice will then be attached as part
of you suit and help in your case wherein you have provided sufficient opportunity to the person to come forward and
remediate the problem.

If your property is outside of India, then the process may be slightly different but mostly it will still remain the same from an
approach perspective.

Hope this helps

Aniruddha Chakraborty
Advocate, Bangalore
44 Answers

Issue legal notice to neighbour to rectify the leakages 

 

2)if he does not respond to legal notice file complaint against neighbour before muncipal corporation 

 

3) file suit seek court orders to direct neighbour to rectify leakages   And also claim compensation for loss suffered by you 

Ajay Sethi
Advocate, Mumbai
97230 Answers
7851 Consultations

File a civil suit for declaration and injunction.

In the said suit seek damages as well.

But before that involve the society , if there is any, to resolve this amicably. 

Devajyoti Barman
Advocate, Kolkata
23277 Answers
516 Consultations

Hi, First you have to lodge complaint in the local bodies and thereafter you have to lodge complaint in the jurisdictional police. Then you can send legal Notice.

Pradeep Bharathipura
Advocate, Bangalore
5617 Answers
338 Consultations

File police complaint against him.  

Yogendra Singh Rajawat
Advocate, Jaipur
23004 Answers
31 Consultations

- If he is not giving attention towards the said faults , then you can send him a legal notice through a lawyer 

- Further, if no positive response , then file a complaint against him before the Municipal corporation , or you can also file a suit before the court as well. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

Dear client,

In India, you can think about filing a lawsuit under the Consumer Protection Act of 2019 and claiming that your property was damaged by negligence. Section 133 of the Code of Civil Procedure, which gives a magistrate the authority to compel the removal of a public nuisance, is another option. You might need to speak with a lawyer to investigate your legal alternatives if your neighbor doesn't reply to the legal notice. Some of these choices include registering a complaint with the Consumer Forum or starting a civil lawsuit to recover damages. Documenting proof of the harm and efforts to fix the problem could also help you make a stronger case.

 

Hope this helps you.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

Legal fees vary depending upon lawyer engaged by you 

 

suit for damages take years to be disposed of 

 

it may take 10 years for disposal of suit 

 

you would get interim reliefs within 6 months or so 

Ajay Sethi
Advocate, Mumbai
97230 Answers
7851 Consultations

Fees of an advocate varies. 

Suit can be filed within a  week but final decisions of it takes several years , if contested by your neighbour.

Devajyoti Barman
Advocate, Kolkata
23277 Answers
516 Consultations

Dear client,

Sending a legal notice in Hyderabad might cost anywhere between ₹3,000 and ₹10,000, depending on the intricacy of the case and the attorney's level of experience. According to Indian law, you can ask the court to order your neighbor to fix the leak by filing a lawsuit under the Specific Relief Act. In addition, you may use the principles of tort law to pursue damages for losses you have incurred as a result of the injury. A civil case may take a variety of lengths, and delays are usual. On the other hand, deadlines for various phases of the legal process are specified in the Code of Civil Procedure. To bolster your case, you must obtain proof and meticulously record the damages. Even though some civil lawsuits could drag on for years, aggressive legal tactics, such as mediation and other forms of alternative dispute resolution, may help hasten the resolution process.

 

Hope this helps you.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

The lawyer fee and time taken for disposal of the civil suit cannot be predicted owing to various factors involved in this

 

Generally it may take few years for disposal of civil suit.

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

There is no standard charge it depends on lawyer to lawyer. You can ask any lawyer not necessary from Hyderabad to send notice. You can contact us through kaanoon

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

- You can send that notice from any place of India , and the charge is not fixed as it depend upon the lawyer to whom you engage for the said services. 

- Suit can be filed at any stage ...

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

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