Setback space


do anyone can claim setback space of 3ft as a right on adverse possession ?
 
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Retired employee.

If it was shown in approved plan as set back as per permission rules, claiming it is illegal.  Any one can claim any thing, but some document should state such claim as legally valid.  Several facts are to be taken into consideration as to the reason, usage of that space and whether it is easement or some other right.   Contact a local advocate and he will inspect property and documents and can provide you correct opinion basing on facts.

 
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Advocate

You have not stated the material facts.

 
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Sir good morning my neighbor extended his compound wall and attached to my compound wall without leaving setback space to clean my windows,distembering,drainage cleaning i have to request him to go for entry he satisfied me by telling theft is happening if we have a open space,he blocked both the entry when i was in out station this was the above explation he gave when asked today he says that 3ftsetback space belongs to me and he claiming through adversepossossion but where has building bye laws says 3ft space you should leave for laying electric cables,drainage purpose etc., and one has to pass and repass freely no one has right to block the entry on both sides so kindly advice me.

 
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Retired employee.

.Apply for a certified copy of the approved municipal plan of your neighbour under RTI, file case for removal of that unapproved constructions.  You have to necessarily seek the guidance of your local advocate..

.

 
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Advocates argument and necessary documents and sufficient evidence will prove the case.
 
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Advocates argument and necessary documents and sufficient evidence will prove the case.
 
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ha21@rediffmail.com Mumbai : 9820174108

1.  Setback Spaces or say "Utility Spaces" (electric cables, drainage, etc....)  under the Regional Town Planning Act and CANNOT be encroached upon and neither such spaces, can be claimed as Adverse Possession. It would be a prosecutable offence also under the local Fire Act.

2. File Complaint to the local Municipal office /Town Planning office, for directions to demolish compound wall and restore the same in its original condition.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com


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