There is an Illegal use of my boundary wall by my neighbor. My father built the 6 ft high 5″ thick 60 ft long boundary wall before construction of our 2 storied building within my premises in the year 1990-91 when there was a narrow drain and one 3″ thick small boundary wall of my neighbor was there.
After completion of our wall the neighbor breaks down the wall and assumes my wall as his boundary wall also. He also demanded plastering of the wall on his side but my father denied it. No problem arises till 2017. But in 2018 the neighbor built a shed on the vacant area between his house and my boundary wall. He drilled a number of iron hooks in my wall for erection of angles without taking my permission. Is this work legal or not ? Can my neighbor use my own wall for any construction ? What will I do now?
Asked from: Uttar Pradesh
Your neighbor is not allowed to use your boundary wall as if it were his own property. It is imperative that you take legal action against him to prevent him from drilling or damaging the wall in any way. As the owner of the property, you have the right to protect it from any unauthorized use.
To begin, you can send a legal notice to your neighbor asking him to stop using your boundary wall. If he continues to use it despite the notice, you should file a civil suit against him. Additionally, you can file a complaint with the sub-divisional magistrate under section 145 of the Code of Criminal Procedure (CrPC).
You can approach the local police station to take action under section 145 CRPC. Your neighbor’s illegal use of your boundary wall may disturb the peace and tranquility of the area, and it is therefore essential that you take action. The police officer will prepare a report and send it to the sub-divisional magistrate, who will then take action under section 145 of the CrPC.
Under section 107 of the CrPC, the sub-divisional magistrate can ask your neighbor to provide a bond to ensure that he does not cause any harm to your property or disturb the peace and tranquility of the area. This bond is a legal undertaking, which if breached, can result in your neighbor being arrested and prosecuted under the relevant provisions of the law.
It is important to take swift legal action to protect your property and prevent your neighbor from using your boundary wall as his own. You have the right to take civil and criminal action to ensure that your property is safeguarded, and the peace and tranquility of your locality is maintained.
Question: My neighbour has built a single brick wall so whenever he drills or any repair carried out in his house oura privacy & peace is disturbed due to audible walls & whenever. In that single wall he has made the groove which has exposed my wall which he is using. He has built his stairs attached to my wall on the first floor. He has not constructed any parapet wall on his terrace required as per parameters so whenever his kids play, run, skate or cycle it has a huge sound in my bedroom which disturbs our peace.
Asked from: Punjab
You should file a civil suit for the permanent injunction. Your neighbour has no right to use your wall which may result in damages to your house. In that civil suit you must pray from the court to direct the defendant (your neighbour) to construct a separate wall.
You are also entitled for the compensation from your neighbour for any damages caused due to his illegal act. If the act of your neighbour is causing breach of peace or tranquility then you should approach the police for takin action against him under Section 145 crpc.
Question: My neighbour recently built their home without placing compound wall on their boundaries. Instead they are using our compound wall as their protection. Can I raise a complaint for the same?
Asked from: Puducherry
Complaining about your neighbor’s use of your compound wall without permission is a valid course of action. You can file a complaint with the concerned Magistrate under Section 145 of the Criminal Procedure Code to maintain peace and tranquility. The unauthorized use of your property can be considered a violation of your property rights and may lead to disturbances in the neighborhood.
While it may be helpful to speak with your neighbor first and ask them to build their own compound wall, if they do not comply, it’s important to take further action. Filing a complaint with the appropriate authorities can help to establish clear boundaries and prevent future disputes. Respecting each other’s property rights is essential to maintaining a peaceful and harmonious neighborhood.
Question: Neighbouring plot owner has damaged wall compound of my house by digging mud with JCB 4 years before. Then another wall compound was constructed on same site in my plot 4 years before. Now neighbouring plot owner is again telling me after 4 years that wall compound is in his plot and forcing to remove wall compound again. What to do now.
Asked from: Maharashtra
First of all you should file an FIR for damaging your property and criminal trespass. He has damaged the wall compound without getting clear demarcation of the site. Therefore, without having clear boundary of the site he has started construction work. Thereby he has destroyed your property and forcing you to remove wall compound.
After filing of the FIR you should file a civil suit for permanent injunction to restraining him from interfering in your property. To maintaining peace and tranquility you may proceed an application to the Magistrate under Section 145 of the code of criminal procedure.
