Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Nimish (Shop)     16 December 2022

Side wall damage due to neighbor car parking

Hello Sir,

I live in a gated community duplex and it is a corner property. One of my property wall is on the primary road of this gated community, and most of the community members use this road to get in/out of this gated community.

Two of my neighbors park their cars adjacent to my wall, on the side of this road, and I have observed that my wall is getting damaged probably due to:
1. when they open/close the gate of the car and their car gates brushes my wall
2. when they put/remove some stuff from their car and their belonging hits my wall

Let me be clear, their car parking is in no way obstructing the entrance to my property.

I have asked them to remove their car but they argued and said that they have parked their car on the side of the road and not inside my property. But what about the damage caused to my property due to their car parking?

I don't have any video recording to support my claims as of now but I am sure that due to their car parking, which they do very close to my wall, my wall has been damaged.

What option do I have legally? Is there any mention in the law that people can't place any object within 5ft or 10ft of other's property?



 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     17 December 2022

First, you report it in the AGM meeting of the society.

1 Like

Nimish (Shop)     17 December 2022

Thanks for your reply.

I forgot to mention that the society is not yet registered and part of it is under construction. It is being managed by builder as of now. I have approached the builder office but they told me that it is beyond their control.

I have updated this information in my query.

Sudhir Kumar, Advocate (Advocate)     18 December 2022

for the purpose of forming any view in the matter it is essential to study papers and to physically inspect the property.


You have to weigh whether extent of damange is commensurate to the expenditure involved

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