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Sathish   15 June 2020

Common wall issue

Sir, We and neighbour share the common wall for past 100 years which is ancestoral property. The front portion of the wall extends 50 feet long which was constructed long years back, no proof for who constructed the wall. And towards backside my father constructed the wall upto another 50 feet along the same line with less than 5% contribution from the neighbours 25 years back for mutual use. Since it was all ancestoral properties the boundary division and registeration happened 15 years back, the boundary line along with common wall got registered under neighbours name. After registration also we are using the same common wall. But as we planned now to reconstruct our residence by replacing the existing cement roofs to concrete ceiling, the neighbours are claiming that you shouldn't use the common wall for your reconstruction and we need our land upto the boundary along with the wall. Is that possibility to claim our right in the wall and to take the legal proceedings against them to not disturb our construction. Kindly suggest


 5 Replies

Dr J C Vashista (Lawyer)     16 June 2020

It is better to settle the matter amicably without resorting to legal option.

Even otherwise, no legal issue is found involved in the statement posted herein above.

G.L.N. Prasad (Retired employee.)     16 June 2020

Neither you nor your neighbour can settle the issue amicably, as prior approval and permissions are required for such constructions and every construction should be as per laid down norms.  No one can permit any permanent constructions on a compound wall.as the space is also joint.  Even if you wanted to construct a separate compound wall parallel to the present wall and raise constructions, rules may not permit as the difference between other all sides has to be left as per norms laid down.  In case of old constructions, they may not interfere, this is the very reason, both in Delhi and Mumbai, though they can afford top-class constructions, they continue in old buildings. 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     16 June 2020

For construction of any residential or commercial building or property within the limits of the urban local bodies, the citizen has to approach the Town planning section of the respective ULB, which issues permission for construction of buildings based on specific set of rules and regulations.

P. Venu (Advocate)     16 June 2020

Have you got the construction plan approved by the competent authority. There ought to be inbuilt norms to take care of the such contingencies.

SHIRISH PAWAR, 7738990900 (Advocate)     16 June 2020

Hello,

You have to approve your plans from local planning authority thereafter no one can object the same orally. However try to amicably settle the dispute with your neighbour.

 


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