Aditya (service) 25 May 2020

Use of common wall of a flat in an apartment

Hello, I have recently bought a flat where the wall of my living room is common with the utility area of my next flat. My neighbour have used the common wall to fix granite and sink. He has put one iron angle on the the wall and also cut the wall and inserted the granite on the wall. In summary they have fixed everything on the wall like iron angle, granite, sink etc and there is no other support which is causing too much disturbance in my flat. Since the wall is common I get vibrating sound in my flat when ever they clean utensils and all. I have already sent the recorded sound to my neighbour but he is saying he will not alter his structure. Is there any legal provision by which I can tell him to change his structure? Please advise.

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5 Replies

Dr J C Vashista (Advocate) 26 May 2020

Discuss the issues with your other neighbours / RWA / MC members and sort out amicably.

However, even then if he is not mending, issue notice through a local lawyer.

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P. Venu (Advocate) 26 May 2020

The facts posted suggest that the fixtures (and their use and disturabance) has been complaining of, had been pre-existing when you made the purchase. As such, there appears to be no remedy {if at all any required} than to introspect yourself.

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Aditya (service) 26 May 2020

No.. As I mentioned they have cut the wall and inserted one inch of granite on the wall. Granite was not fixed by the builder, it was done by concerned owner. And wall is common for both of us.

Dr J C Vashista (Advocate) 27 May 2020

The author has made it amply clear that the common wall (living room of author) has been cut to put granite and tiles loosing its strength (now) i.e., much later than the premises was handed over possession by builder.

Experts may kindly go through contents of query once again.

I reiterate my opinion and advise the author to discuss with his neighbour(s) / RWA / Managing Committee for amicable solution before filing a suit for permanent injunction and / or police complaint.

P. Venu (Advocate) 27 May 2020

Yes, in view of the clarification from the author, he can pursue the remedy if he is really inconvenienced and/or the fixture would have adverse effect on the wall in the long run. He may get expert opinion and pursue the modes for amicably settling the issue before approaching the court. The civil action in tort lies.