Restraining neighbour from covering windows of our house
Querist :
Anonymous
(Querist) 07 March 2010
This query is : Resolved
Dear Sir/Madam,
The owner of adjoining land of our home had started constructing a godown over there, the said land was lying unused for so many years, due to this construction the windows of our home will be covered by wall, restraining sunlight to come inside our home which will result a lot of darkness in our home. Is there any legal option available to us to stop him from covering our windows.
Thanks & regards
Kamal Soni
B K Raghavendra Rao
(Expert) 07 March 2010
Check if your neighbour is constructing the godown in accordance with the bye-laws of the municipality, whether he has obtained licence for construction. If he is in accordance with law, you cannot do anything about it. If he has violated bye-laws,immediately make a complaint to the municipality and if no satisfactory results are obtained, approach civil court for injunction.
Parveen Kr. Aggarwal
(Expert) 07 March 2010
As you have rights and entitlements with regard to your property, your neighbour is equally entitled to enjoy his property. In case you have opened windows on a common wall, you are having no right to do so. However, if you have a legal right to have windows on the wall and your title document (sale deed etc. in your favour) expressly authorises you to open windows there, then the raising of construction by the neighbour is wrongful and you may file a suit for injunction restraining him from infringing your legal right.
Raj Kumar Makkad
(Expert) 07 March 2010
You have got no right to open your window in the plot of any individual so if he is closing this by raising a wall, you have no legal right to obstruct him. This is legal position and rest depends upon you.
G. ARAVINTHAN
(Expert) 08 March 2010
You can very well can file a suit for Easement as you need right to open your window.
B K Raghavendra Rao
(Expert) 08 March 2010
I differ from Aravinthan Ganesan as no easementary right is denied. The owner is not prevented from opening the window. His only grouse is that light does not enter his house even if he opens the window.
Kumar Thadhani
(Expert) 08 March 2010
Yes you very well fight for easement and can get protection under easement rights act.
Querist :
Anonymous
(Querist) 08 March 2010
As said by Mr. B.K.RAGHVENDRA RAO "The owner is not prevented from opening the window. His only grouse is that light does not enter his house even if he opens the window".Is not the true situation the true fact is that the windows which are there in the side of neighbours land will cease to exist,because of cement layer as its a common wall.
Querist :
Anonymous
(Querist) 13 March 2010
Dear Mr.Rao,
Thanks for the excellent advice given by you it really worked based on your advice to check with by bye-laws of muncipality, I had made a complaint regarding construction with muncipality and came to know that he had not taken any permission prior to constuction and in response to it he was forced by muncipality to stop constuction, now my neighbour is ready to have a compromise and asked us that he will leave 2 feet of space between our window and his wall to let the sunlight come in to our house.please advice how the same can be made legally enforciable so that he can not deny from his words in future. will a written agreement on stamp duly notarised will solve our purpose...
Thanks & regards
Kamal Soni
Querist :
Anonymous
(Querist) 23 March 2010
resolved with satisfaction.
Querist :
Anonymous
(Querist) 23 March 2010
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