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Saranya   10 November 2016

Neighbors nuisance

We live in Chennai with thatched roofed house. My parents are not well educated and they bought this land few years ago. We are not able to build a good house here. Problem here is my parents believes that the neighbors built their house in our land too by extending their walls. My parents were not aware of what is happening. They still continue to disturb us by throwing cigarettes and crackers on the house and creating nuisance by spitting throwing babies nappies at our house. We are not able to tolerate these nuisance by them. They come into our land just like with no permission when no one is there at home and do their works. We spoke to them many time no not do all these. Totally fed up of talking to them nicely and I don't know what else I could do. Can someone help me on how to know that how much land they have occupied from us and what can be the legal action taken against them for all the problems they are creating to us for years? Or nothing can be done on this and I'm missing something? Not forgetting to mention that they are well sound family in our area. Awaiting for help.


 4 Replies

adv.bharat @ PUNE (Lawyer)     10 November 2016

you can make police complaint against them in local police station.

Ms.Usha Kapoor (CEO)     11 November 2016

File a prvate nuisance case against your Neighbours. IN case of private nuisance you'll have to show some spedial damge to you compared to  other neighbours of  this nusance activity.You file an injunction  against  them restrianing  them .doing all those  abhorent activiities and for  damages.

r common laws.

What is a Private Nuisance?

A private nuisance is an unreasonable, unwarranted, or unlawful interference with another person’s private use and enjoyment of his or her property. The test to determine whether an invasion is reasonable is whether the gravity of the harm is outweighed by the social benefit of the nuisance.

The interference must either be intentional, negligent, reckless, or ultrahazardous, and the harm caused must be significant and of a kind that would be suffered by a normal person or property in the same community. This means that if you are hypersensitive to a particular smell caused by a factory, the activity might not be considered a nuisance

Obviously your case squarely fals under this definition of Private  Nuisance and hence you cn file Private  Nuisance for  Injunctionansd damages. Contact  a good  Lawyer.

G.L.N. Prasad (Retired employee.)     11 November 2016

Hire a CCTV camera (which they will never expect) for a week and get every thing recorded and then file police complaint as guided by experts.

SHARAD CHANDRA DANEJ (Asstt. Manager)     12 November 2016

 See if a police complaint works. Otherwise, please file a injunction for a private nuisance through a lawyer.

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