Common wall Dispute

What exactly you mean by common wall compensation?

How a neighbour constructing another floor shall affect your house? Both are on the same foundation?

First by amicable manner you can try to solve the issues for the additional construction. if it  not get good result  then send a legal notice to him and file a suit..

There should be some agreements or oral understandings while deciding on a common wall.  If not there should be precedents in the same building containing other portions, and let the other owners solved the issue within themselves strike a compromise.  Compensation is secondary, and the likely damage to the existing structure belonging to you, if the new owner's second floor is more concern to you.  Make a conciliatory effort and if the new owner refuses do not fight with the neighbors there is negligence on your part in trusting the first owner. , but you can not ignore additional constructions.  Issue a notice to the Municipality/corporation and request them not to approve the new construction.  Get a certified copy of the sale deed of the new owner from sub-registrar's office and discuss with a local advocate as to the version of old owner on common wall.

Thank you all experts for your valuable time to go through my query.

Sivarmaprasad sir, Neighbour constructed his house using one side of our wall of length 61 feets and height 30 feet i.e Ground+1. Compensation for using that common wall where his slab take the support and to share the portion of amount we had spend for construction.

Sankaranarayanan Sir, I tried speaking to new owner to settle this in amicable manner. but he is denying to have talk or give any compensation by asking me to contact old owner without providing his new contact details.

I agree with your point G.L.N Prasad, that the priority is to protect my house from damage in common wall which may occur in future due to building 2nd floor by my neighbour using common wall.

I am yet to determine if the common wall was constructed using both parties portions of land or was that constructed completely in our land. I in process to file demarcation case.

So if we found that common wall was completely constructed in our portion of land than I can file encroachment case and ask for the compensation..?

If yes who is liable to pay for the compensation?

Has he got any building permission from the local municipal body ? A construction permit, also known as a building permit is a licence which needs to be sought from authorities for any new construction or adding on top of pre-existing structures and in some cases for major facelifts.

Any construction or additional construction has to be approved by the local competent authority based on the application for plan approval.

You state to have constructed your house around 13 years ago but state that you do not know whether you constructed the common wall in your land itself or have encroached the adjacent land also for this purpose.

If you have constructed the wall in your land itself then there is no question of it being a common wall.

However you seem to have encroached the land of the neighbor using the advantage of the vacant sit in the neighborhood and above that you demand compensation or sharing the common wall expenses without any authority because you never obtained permission from your neighbor to build a common wall.

In fact your neighbor can sue you for encroaching his land under anti land grabbing act.

Further, you have already raised a structure over the wall  (common), how is that your neighbor raising anther structure over your structure?

You seem not to have understood his concept or you do not have proper details of your neighbor's construction.

If neighbor had obtained proper approval for his construction then this situation cannot be termed as violation of rules, perhaps you may not be entitled to any relief through civil court of law also if the things are moved legally by your current neighbor.

Believe you have already consulted a local advocate on this who might not have given you a pleasing reply or advise, hence you have come to this forum looking for some loophole in the law to cover your own mistake that was committed long ago by building a wall in your neighbor's land and you give it a legal paint now stating that to be a common wall. 

 

 

 

T. Kalaiselvan , I got your point that I haven't mentioned any details about the area. As I mentioned in my above comment that I am in process of filing demarcation case at RI office to know more about the area used to built common wall( I still call it as common wall assuming it was built using both the land but by measuring my own widdth of the house it seems the wall was constructed in my own land completely)

So their is no concern about I being encroached neighbours land. After demarcation if it found that I have used neighbour land I am ready to pay the compensation or charges for the encouragement of land.

I am here to get clarity who is liable to pay compensation old owner or new owner of the neighbour house.

For your question, yes neighbor is raising another structure by extending the same common wall my concern is it will effect strength of that wall as it doesn't have any pillar. I have consulted multiple advocate but I have got mix of response..so wanted to know according to book of law.

I would like to go legally even if I am in fault, just need advise to avoid any problems in future.

Was the original construction with the due approval of the competent authority? So also, is the proposed construction with the due approval?