Any contingent agreement executed now will not bind him in future, as the promiser is entitled to change his mind. Further his purchasers are not bound by the agreement, being not a party to agreement. You can give him consent subject to set back required by you and under layout rules of the local corporation. Any agreement even if registered will be futile exercise.
Neighbor wants NOC to get plan sanction in Gurugram
I have a plot in Gurugram, Haryana. My neighbor ( immediately adjoining plot ) wants to construct Stilt + 4 floors building on his land and is asking from NOC from neighbor, as is required under Haryana construction laws for plan sanction, - this includes a question as to whether I have any objection to him building a basement. I have a small residential unit on my plot, with no basement, - my concern is if he makes basement he should not disturb my building foundation. Secondly, even more importantly, I will myself require consent of adjacent property owners when I need to get plan sanctioned for constructing a full stilt + 4 floor structure, even though after 3-4 years. Is there an enforceable legal mechanism under which I can get a written undertaking from the neighbor that he promises to grant me written consent, when I require it in future, when I build a full building ? Another point is that the present neighbor is in all likelihood a builder who will sell the property floor wise and 3-4 years from now, he will be out and there will be 4 different owners. In that likely scenario, will any such undertaking have any value ? Is it legally possible and enforceable to include a clause in the undertaking that any future sale agreement / sale deed that the neighbor will execute with respect to part of the property will include this undertaking, making the undertaking binding on future owners of part or whole of the property ? At least for the basement, I can ask him to promise in writing that he will leave 2 feet area undisturbed when he makes basement so my foundation is not disturbed . This query is practical- if I do ask my neighbor something in return for my consent, it should be legally feasible and enforceable, should be of practical legal value, otherwise it will spoil the atmosphere unnecessarily and embarrass me. Or should I, gracefully, just ask that his construction should not disturb my construction and give my consent ? I want to be co operative and a good neighbor but if there is a legally enforceable document I can ask for ( I don't even know if he will agree to my requirement ) I should definitely ask for it since I myself will be in the same boat ( require consent from neighbors ) a few years later. Please communicate your suggestions and comments on this matter. Thank you
Asked 3 months ago in Property Law
Religion: Sikh
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5 Answers
You cannot obtain an undertaking now that neighbour will not object when you construct a building
2) purchasers of the floors would have to give NOC when you construct building on the plot
If you apprehend any damage to your building due to the neighbor's proposed construction, you can seek the advise of a structural engineer in the local, obtain his opinion and proceed further in this matter.
No undertaking or an agreement based on any unforeseen future contingent will be maintainable nor it will be enforceable in law.
The neighbor can refuse to give any such undertaking as you desire, hence do not take any such decision, just drop such ideas.
Dear Client,
To relieve your apprehensions with the construction plans of your neighbours in Gurugram you should ask him to furnish a written commitment that he will not encroach the basement nearer that 2 feet from your property in order to preserve the stability of the structure of your property. Also, you can get a guarantee for the future construction consent and also provide a clause where any future owners pledge to this agreement. This may improve the concept of the enforcement of the undertaking. In the Haryana Building Code, developers are often expected to obtain No Objection Certificates from their neighbours, hence such agreements should be reduced into writing. As much as courtesy goes in any neighbourly relation, getting these commitments may save your net as you prepare for future constructions. The best thing that could be done when preparing such documents is to seek the service of a legal attorney.
Hope you find this answer helpful in resolving your problem.
Yes gracefully asking is a good idea
