it’s better if the same is settled amicably else you can complain society to intervene. If not resolved by society then file suit in civil court for directions.
Parking nuisance
My neighbour is an advocate in high court and tenant in the opposite house. I have a corner flat in Delhi and i park my car in the side lane leaving space for pedestrians to walk.He started parking his car adjacent to my car in front of my windows blocking my cars way.Upon questioning he says it's public road and anyone can park and if i have remove car I can walk to his house daily to get it removed. His way of car parking is creating hindrance to pedestrians who access park behind our house. Because of this i started parking my car somewhere in middle of my sideways so that he cannot enter and there is way for pedestrians too.i don't know if it's legal to do so...kindly advise and what legal action I can take against him
Asked 11 months ago in Civil Law
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9 Answers
If parking car on public road is not prohibited then both of you are entitled to do so. While doing so both of you are causing pedestrians problem to access the road feely.
Therefore, in such circumstances neither of you can question the conduct of another, so far as parking car on common road is concerned.
You cannot question him about parking his car in the public road until and unless he blocks your path of access.
Since you are also parking your vehicle on the road you may not have any reason to question his parking.
However since this is not a very big issue attracting legal action, you may try to resolve the issue amicably without escalating clashes between you both.
Parking in public road is permissible
if his way of parking is hindrance to pedestrians complain to traffic police that his car is blocking the way of pedestrians access to park
Is it ok if he parks his car near my window obstructing my view and creating nuisance toy privacy..he is washing his car also, car cleaner daily clean his car and they are getting perfect see thru into my house..when he parks his car or take it out at odd hrs.. we sleep is getting disturbed i purchased corner house for ventilation at a higher cost.whats the point then ??
Asked 11 months ago
He is parking car on public road and you cannot object to it
you can only request him to shift his car as your view from window is disturbed and parking of car at odd hours disturbs your sleep
It’s a common area you can object unless the same is purposefully done
Dear Client,
Any action carried out with the aim to violate the legal rights of another person is regarded as unlawful. harm, loss, or discomfort inflicted onto another person. The annoyance, loss, or damage must be sufficient for the law to see as significant evidence supporting the claim. These are the elements required to establish nuisance.
In the following situations, a person may be entitled to a private right of action against a public nuisance: He must demonstrate the presence of any personal injury that is more severe than what would be experienced by the general public. Such a damage cannot be merely incidental; it must be direct. The injury needs to demonstrate its significant impact.
If you feel he is invading your privacy then you can take legal action against him by lodging a criminal complaint with the local police but for that you should possess proper evidence to establish your allegations.
But you may not be able to object him from parking his car in the public road neither your objection would be legally maintainable
- If that space is not private land , then you cannot restrict him from parking his car near your house i.e. on the public road.
- However, if he is creating nuisance and not giving attention towards your request , then you can lodge a complaint against him before the Municipal corporation.
- Further, if the cleaner is trying to invade your privacy , then you can lodge a complaint to the police
