Hello.
My previous neighbour has sold his house recently. New person who bought his house start online business and use his whole property as a warehouse and business office. Every it come many anonymous vehicle in my residential society which affect security of society. And they make too much noise while delivering and load packages into vehicles. New neighbour also starts expand his area of property for his business. Society's president had given permission without called society meeting because he lives in another alley of society. Now me and my other neighbours suffering from this. I'm thankful if you suggest me what legal steps should i have to take to stop this.
Hello Savaliya, since this person is interfering to your Right of Enjoyment of your property you can file a suit against the person under Private Nuisance from Law of Torts. Nuisance is an injury to the right of a person’s possession of his property to undisturbed enjoyment of it any results from an improper usage by another individual.
The character of the area is residential and your neighbour is using it for commercial purposes. The remedies relevant with your situation can be
1. Mandatory injunction – this exists to mandate one to do something. Injunction is a discretionary remedy and the court has discretion to grant or refuse injunction so that even if one has made out a good case for the grant of injunction, the court may still find a good reason to refuse injunction. However, the court’s discretion must be exercised judiciously and judicially.
2. Damages: This is the monetary compensation for any loss or injury occasioned to the plaintiff by reason of the nuisance. There are many types of damages, namely
