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Aman Modi   28 February 2018

Easementary Right

Can my neighbor object and restrain me from constructing a porch in my garage, claiming infringement of his own easementary rights?
To what height can porch be constructed?


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 5 Replies

Kumar Doab (FIN)     28 February 2018

If you have constructed within boundaries of your property as per approved map including for Porch then tell the neighbor that you have not violated....anything.

Remain gentle and amiable..

Aman Modi   28 February 2018

Yea Sir, it's has been rightly interpreted by you. I am talking about that porch which is in the garage, under which cars are parked. We were planning to construct that porch at the height of 22 feets. It was denied at the first instance by our neighbour. He is asking us to take it upto the maximum level of 9 feets from ground. If we don't abide by him, and take the porch to 22 feets in height and about 22 feets in length within the garage of our property, can he still object for his easementary rights. And also, we have not taken any prior permission from the local authorities for construction of such porch.

Aman Modi   28 February 2018

No sir, we have not taken any permission from the local authorities. Because they were asking for bribe to give any permission. We were planning to construct it, without any permission from such authorities. And hence, our neighbour has objected that natural light's access to his house will be blocked. If we still construct it by our own plan and as per our wish. What remedy is "available to him"? What can he do against us.
@kumar sir

Aman Modi   01 March 2018

Your valuable time and advice have made grateful to you. Thank You Very much Sir.

Kumar Doab (FIN)     02 March 2018

You are welcome.                          


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