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vs nathan (attorney)     24 August 2008

common area

I am one of the owners of a row type of houses built on a piece of land.  There is common path way and some area which is not meant for specific use by the owners of the row type of houses.  The water source is a common well with facility to draw and store water from a common well by each row type of house by use of motor for each row house.  When the well dried out each house owner facilitated water supply for their house by putting a bore adjacent to their house.  This could not be done by me as my house is in between and besides there is no water in the ground nearer to my house.  Can I put a bore in the area common to all  the owners of the row type of houses?.  I am not constructing any civil structure in the common area but only tapping the underwater resource for my use with out causing any nuisance to any of the house owners. What is my remedy if other owners object to my use of common area as aforesaid?  Please advise.


 4 Replies

GOPI KRISHNA (ADVOCATE)     24 August 2008

you  go through the rights and obligations of purchaser in your sale deed,  that may guide you to yooour queiry

Guest (n/a)     24 August 2008

there are no conditions/regulations attached with the sale deed on this aspect.   the general position of law on this issue may be highlighted with citations if any.   Thank you  

advocate jain (advocate)     27 August 2008

yes u can put a bore in the area but wth out  create nuisance to other peoples

vs nathan (attorney)     31 August 2008

can you give any case laws or ruling  in favour of your stand?

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