Mariam Taweel (not applicable) 30 April 2022

Neighbour preventing work on my property due to side windows in his property

My neighbour is harassing us when we are trying to build a home in my land. The property next to mine has windows on their side, which his tenants throw rubbish from on my property. He is threatening us that he will bring a court stay order to prevent me from building my home, by saying that he will bring a stay order to stop me building my home. He wants me to leave my land on the side when building my home.

Any suggestions on how to manage this matter?

Can someone even get such a stay order, as far as I am aware, we cannot have windows on the side of the home, and if a neighbour builds a home, this window needs to be closed.

Thanks.

Reply Follow

Quick Summary

A homeowner is facing harassment from a neighbour who is threatening a court stay order to halt construction. The neighbour objects to the build due to side windows in his property from which tenants are throwing rubbish. The homeowner is seeking advice on managing the situation and whether such a stay order is legally feasible, questioning the legality of side windows in such proximity. Advice suggests the neighbour might obtain a stay order and recommends filing a caveat petition to be notified of any legal action, followed by an appeal if a stay is granted. Alternatively, amicable settlement is advised, stressing adherence to the sanctioned building plan.

2 Replies

Sai Krishna 30 April 2022

Dear Querist,

Your neighbor might get a stay order to halt your construction under the rules of construction that permit so. You can file a caveat petition under Section 148A of the Civil Procedure Code,1908 under a court in the jurisdiction of your property. Through a caveat petition, a person can ask the court to intimate them if another person files a suit against the caveator. Once the Stay Order is in action then you can file an appeal before the appellate court under Order 43 Rule 1 of the Civil Procedure Code,1908.

Thank You.

1 Like

SHIRISH PAWAR, 7738990900 (Advocate) 30 April 2022

Hello,

You already know that window on their needs to be closed. So try to amicably settle the issue with your neighbour. It may be noted that, you have to construct as per sanctioned plan.

1 Like