gaurav (designation) 05 August 2014

Common wall

respected advocates

we are having a wall common with our neighbours since our home was constructed(in 1972) and we signed an agreement also with the owner of that house(with whom wall is common).Now the issue is that that owner sold home to any other person many years back and this present owner is now warning us to take care of the roofs as he is breaking the common wall as he is reconstructing his house.We are not at all ready to suffer huge damage because of breaking of common wall.

please tell me the acts and procedure under which i can stop that guy to break that common wall.

And if he harms our property then how can we ask for compensation and re-construction.

are there laws of common wall in crpc also or in ipc only?

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3 Replies

Dr J C Vashista (Advocate) 05 August 2014

Being common wall your neighbour is well within his right to reconstruct his house, you cannot stop. However, find out amicable settlement roping in other neighbours/ elderly/ respectable persons of locality.

Don't take legal recourse.

T. Kalaiselvan, Advocate (Advocate) 05 August 2014

common wall cannot remain common for ever. If your neighbor desires to demolish and reconstruct your house, he has every rights to do so, since this common wall is an obstruction, he has given a prior notice to you to take care of your house if the demolition of common wall will bring down your roof depending on it. as advised by Dr. Vashista, better settle the scores amicably instead of taking a legal recourse which will remain a bitter experience and a permanent scar in the neighborhood relationship. Experience that counts and not ego.

ramgopalpadala (Document Writer) 19 August 2014

Sir, you and your neighbour have equal right in the common wall (Based on your signed agreement saying that the wall is common to you both).

If your neighbour reconstruct his house and break the common wall, then you ask your neighbour for compensation of your half share only, by calculating the market value of the entire wall (in that you will get 1/2 amount).