Neighbour occupied our boundary wall
Rajesh
(Querist) 29 July 2010
This query is : Resolved
I am Rajesh from Faridabad and staying in second floor of builders flat. Next to our plot is a private property of an individual and he also has two floors in his building. Our building has a double brick boundarywall in our own foundation and our neighbor has got their own foundation within their boundary. While building their first and second floors, they used our wall for the support rather erecting their own wall within their boundary. This way, he has encroached space from our flat. I am not sure whether our foundation takes up this extra load of this building! The families in the ground and first floor did not object to this as they do not have any rights for the roof rather they are not bothering about the foundation. As I was out of town, I could not object this while he was constructing the first and second floors. When talking to them, he said both we have single brick wall from the bottom. But from the ground floor, it is clearly visible that ours is a two brick wall and they have a separate wall within their boundary. In this way he occupied our outer boundary wall. Our builder is of no help to us to sort out this problem. Please advise how this problem can be solved.
Thanks and Regards
Rajesh
S. Bharath
(Expert) 29 July 2010
You need to call upon them to remove the encroachment, by written notice; if they do not comply, you need to file a suit for mandatory injunction directing them to remove the encroaching superstructure at their expense, failing which you will be permitted to remove it at your cost and with the aid of court, and recover the cost from them. You need to act fast before it enters into advanced stages.
G. ARAVINTHAN
(Expert) 05 August 2010
you have to sue through your association
