ramanan perukkaranai krishnamu (AGM SBI Retd) 11 September 2010

construction of wall on on the shared compound

Dear Sir,

My neighbour has extended his house on the backside of his existing house but within the compound for a room and toilet and linked the ceiling by constructing a ten feet wall on the compound being shared by us .I feel that it infringes my rights as co owner of the compound and it is some sort of encroachment on the shared property .

Despite my objection he is going through the construction to the extent of ten feet out of 60 feet compound wall.

How can I prevent him to finish the work and what are the legal remedies avaialble to me to stop this nuisance.

I await ur reply.

P.K.Ramanan

Reply Follow

3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 12 September 2010

As the wall is common so other partner has also got right to use it but he can use half of the thickness of the wall and rest of the helf belong to you. You can file a civil suit and get stay order against his illegal encroachment.

Vinoba (Advocate) 14 September 2010

Hello,

I endorse the views expressed by Mr. Raj Kumar Makkad. But you cannot ask for stay before trial court, it is only injunction restraining your neighbour from raising any further construction can be sought.

L. Vinoba,

Advocate,

Pondicherry.

G. ARAVINTHAN (Legal Consultant / Solicitor) 15 September 2010

i agree with Makkar Sir. You need to file a suit for permanent injunction against your neighbour if be constructed wall over full thickness of compound wall. You can make a prayer that the said encroachment is illegal