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punjabi class by gurpreet sing   15 February 2021

common wall issue

there is common wall between my house and neighbour

now neighbour reconstruct his home and want to reconstruct common wall again

can I ask him to break common ness now as he should construct more 4.5 inch on his side and I will construct 4.5 on my side .

is it legly provided or supported fact ????


 5 Replies

Nandini Warrier   15 February 2021

Good evening,

As long as the construction isn't happening in your property, your neighbour can do anything to their property or house as they wish, as long as such construction doesn't cause damage to the property next to it. 

In the case of Sardari Lal Gupta vs Siri Krishan Aggarwal, it was mentioned that- "When a co-owner uses the joint wall for. the improvement of his property, without injuring the wall or the adjoining property and not claiming the additional structure as his own, it cannot be said that the co-owner who builds upon common wall makes an unreasonable use of common wall. Merely because a co-owner makes a profitable or reasonable use of the joint property, it cannot be said that the other co-owner is ousted as the additional structure is the property of both. If a co-owner raises the common wall and claims the additional structure as his exclusive it may amount to ouster of the other co-owner. If a co-owner raises the common wall and such an act is likely to cause damage to the adjoining property or the common wall the use thereof is not reasonable and any co-owner who is aggrieved may have remedy at law. When without injuring the common wall or the adjoining property a co-owner makes a reasonable or profitable use of it, it cannot be said that he makes an unreasonable use of the property. The houses which the common wall divides were built many years ago; they would require repair or need modern reconstruction to suit the requirements of the occupiers. The society moves fast, the changes are speedy and to hold that one co-owner has absolute right to prevent the other co-owner from making profitable or reasonable use of the common wall would prevent citizens from making profitable use of their properties."

This simply means that, since the buildings can get old, reconstruction is necessary, and therefore reconstruction of the common wall is not illegal, PROVIDED that the reconstruction is for both the neighbours, and that the reconstruction should not be a disadvantage to the other party, or a selfish wish to own the newly reconstructed wall. 

Therefore, he can build a wall on his side, and if you wish to do so, you can build a wall, as long as you both make them within the boundaries of your property. 

Read more at:


Hope this helps!




1 Like

Dr J C Vashista (Advocate)     17 February 2021

It is better to settle the issue amicably, you are neighbour therefore it is imperative to live and let live peacefully.

P. Venu (Advocate)     19 February 2021

What is the problem with "common-ness" What is the relevance of 4.5 inch? Originally, who had constructed the wall?

Sankaranarayanan (Advocate)     29 April 2021

I do agree with expert Dr vashista ji points

Dhuwaarakesh M s   26 February 2024

there is common wall between my house and neighbour now neighbour reconstruct his home and want to reconstruct common wall again ,who want to pay the amount


Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=215556

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