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Neighbors windows eaves dropping, roof cat walk projecting into my property

(Querist) 06 May 2012 This query is : Resolved 
ancestral property house site was divided into two distinct parts . one part was soldin 1997. the buyer constructed house right upto his south boundary . left windows in his south wal opening into my property .irecently took position of my vacant plot and noticed windows and roof levelcat walk projecting into my proprty . my brother was the custodian of vacant plot since 1997 . recently he purchased the plot from buyer of 1997 . now my brpther is showing resistance to remove windows and roof level cat walk.
what is the remedy ?
pl advice.
peri venkataramana
ashutosh mishra (Expert) 06 May 2012
If all that exists is admittedly since 1997 then only 15 years have passed and no prescriptive easement has emerged as right in favor of your opponent.

Your remedy is to file a suit for its removal for which you should visit a local competent civil law lawyer of your district.
ajay sethi (Expert) 06 May 2012
settle issue amicably in family . after all he is your brother . involve elders in family for settlement . if it dosent work contact a lawyer and move court
R.K Nanda (Expert) 06 May 2012
I agree with the reply of Shri.Sethi.
Shonee Kapoor (Expert) 07 May 2012
Taking the issue to court would cause further bickering. I endorse the views of Ld. sethi to settle the same amicably.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


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