Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Door installed illegally

(Querist) 26 September 2023 This query is : Resolved 
Hi ive property in hyderabad telangana my house is near the main road its about 50feet from the main road. The 60feet lane going to my house is in my sale deed and map document. It's my private property. My neighbors have commercial shops on the main road and have installed a door on both sides of my lane about 25 years back. My elders allowed it as neighborly courtesy. Now of recent they claim my 60 feet lane as common property belonging to every one. They want to keep their bikes and vehicles in the lane which we have not allowed as it blocks my vehicles from going out or in from my house. My question is how do I get those doors on both sides to be closed? How can they claim my property as common property belonging to everyone?. What is the legal options for me?
kavksatyanarayana (Expert) 26 September 2023
You consult a local advocate with your document, issue a legal notice to your neighbours to vacate your place and otherwise face legal action taken by you.
T. Kalaiselvan, Advocate (Expert) 27 September 2023
If you apprehend any problem from any one of the neighbors in this regard, you can file a suit for permanent injunction restraining him from interfering in the possession and enjoyment of the property and also on the same lines an application for mandatory injunction to remove the doors on both the sides.
Dr. J C Vashista (Expert) 27 September 2023
It is better to consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceedings.
Advocate Bhartesh goyal (Expert) 27 September 2023
You need to file suit for permanent and mandatory injunction to remove the doors installed by your neighbor unauthorisedly in your 60 ft strip land.
P. Venu (Expert) 27 September 2023
Facts posted suggest the doors are within their property. As such, in my view, it is rather impossible that you can get any relief qua the doors. However, the road being private property, they cannot take undue advantage of your elder's largesse.

However, any objective reply requires a study of the sketch of the location and the lie of the structures as well the roads. It could be that the neighbours have acquired easement rights though the lane, though it continues to be a private property.


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