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Rinky (Senior Web Developer)     18 May 2015

Common wall dispute

Hello Everyone,

I am into IT field and not good with civil and property laws. I am seeking an advice on a common wall dispute.

This is ancestral property and had front widdth 35 feet and 6 inches initially. The property is divided between us and my father's brother. They have 14 feet front and we have 21 feet and 6 inches front.

The construction is old and we share a common wall which have few almirahs on our side and few on their side. The common wall is of 13.5 inch. It was never a issue becuase we were living with mutual understanding. But, now my uncle is selling his property for the construction of warehouse and we don't want to retain common wall with them to avoid future disputes. As per the current status we owe 5 inches of common wall. 5 inches comes under our 21 feet and 6 inches area. 

We don't know about the third party and it might be possible that they want to use the common wall and may say us to demolish our side of construction . Reconstruction is something don't want in any case. 

If there is any act or law related to common walls, please let me know.

If we want nine inch or complete 13.5 inch wall on our side is there a way to do so, what is the procedure for that. We are ready to pay an reasonable amount of wall if third party wants.

Your any kind of help is highly appreciated.

 

 

 



 4 Replies

saravanan s (legal advisor)     18 May 2015

they cant demolish the wall by removing some inches from the thickness of the wall as it forms a integral part of the building and damaging it might cause damage to the structure

Rinky (Senior Web Developer)     18 May 2015

Thanks for your answer.

Can you tell the law(article/section) under which the point you mentioned is covered. I am asking this because we should have knowledge/proof of our sayings.

 

saravanan s (legal advisor)     18 May 2015

it will be covered under easement rights

Rinky (Senior Web Developer)     19 May 2015

Thanks a lot for your help Sir


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