Dispute over common facilities with neighbour

Adv Vikramsinh Mohite (Querist) 16 November 2012 This query is : Resolved

Dear Sirs,

Kindly advise on the following.

We and our neighbour have plot of lands adjacent to each other. We have built common building on our plots. Staircase, water tank and entrance are common. Underground water tank is in neighbour's plot. Entrance and stair case occupies the parts of both plots. Building is designed in such a way that his flats come in his plot and our flats come in our plat. We have made joint expenditure for these facilities & construction.

We have not made any agreement to this effect. Except we have made agreement on Rs.100 stamp paper with contractor for building construction which covers these costs.

We have dispute over common things. Neighbour is asking us to make separate water tanks. Making separate water tanks, pipelines is costly and we do not wish to make it.

We have other small water tank to the back side of building in his plot which is common. He is denying it that it is common.

Kindly advise as to

1. Can our neighbour restrict us from using common water tanks which are in his plot of land.

2. What civil and criminal remedies we have in case he obstructs us from using water tanks.

Thanks

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ajay sethi (Expert) 16 November 2012
you ahve not entered into any agreement with your neighbour . without any agreement which dels with usage of water tanks how can you say that you have right over water tanks constructed on neghbour plot of land . before incurring any expenditure you shouls have consulted a lawyer . got agreement drafted by him which would have protected your interests .

your only option is arrive at an amicable settlement with your neighbour . dont go in litigation now

Devajyoti Barman (Expert) 16 November 2012
If you have proof of spending on the common facilities then go to the court and file a civil suit for declaration and injunction.

V R SHROFF (Expert) 16 November 2012
"We have built common building on our plots. Staircase, water tank and entrance are common. "

PROVE IN COURT , AND GET COURT ORDER, THAT THESE ESSENTIAL SERVICES WERE ENJOYED BY YOU TILL DATE, EXPENSES BORN EQUALLY, FOR COMMON FACILITY.

Court will direct, passing injunction order