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Prem Nath   04 July 2016

Dispute over common passage and staircase

We two friends had purchased adjacent plots in West Bengal, kept a common pathway for accessing individual's property and registered separately. Next, we constructed building with a common passage and staircase INSIDE the building. (No portion of this passage and staircase in on common pathway registered, basically it is an L shaped property). Now my friend wants to restrict me from using the staircase. Can I ask for complete separation of common passage and staircase which are inside the building?

As I guess, as there is a common pathway to access individual's property, he cannon use easement law. So, with the existence of a common pathway OUTSIDE the building, can I ask for complete separation of INSIDE building common passage and staircase?

With regards,
P Debnath



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 2 Replies

adv.bharat @ PUNE (Lawyer)     04 July 2016

You can't calim seperation of common facilities in building.

1 Like

Prem Nath   04 July 2016

Thanks for your opinion.

Then the question comes: Can my friend encroach the common space and staircase and restrict me from using them? Can I appeal for suitable remidy as it violets my right over property?

Your opinion shall be appreciated.

Regards,

P Debnath


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