Question: How to construct a slop for easy access to my portion of property? Our living space shares a common passage that is divided into portions, with the first position belonging to one person and four more portions beyond ours. We have recently reconstructed our portion and intend to create a slope from the end of the first portion to ours for easy access. However, the person who owns the first portion is now filing a suit against us to prevent the construction of the slope. Additionally, there is a small pit in the common passage of the first portion that has existed for over 50 years. Despite our request for its removal, the person has refused to do so and did not mention it in their lawsuit against us.
It is true that it is not permissible to encroach on someone else’s property. Constructing a slope that extends onto the property of the person who owns the first floor would indeed interfere with their peaceful possession of their property. In this situation, it would be wise to avoid constructing the slope and instead try to resolve the issue amicably with the owner of the first floor. Finding a mutually agreeable solution would be the best way to resolve this issue without causing any legal conflicts or disputes.
Encroachment on someone else’s property without their permission is considered an offense and is illegal. It can result in legal action being taken against the person who has encroached on the property. Therefore, it is important to respect other people’s property rights and not engage in any activities that may infringe upon their rights or cause any harm to them.
If constructing a slope that extends onto the property of the person who owns the first floor is not feasible or is legally prohibited, there may be alternative methods for constructing a slope that provides access to your living space without encroaching on their property.
One alternative method could be to construct a slope that remains entirely within your own portion of the common passage. This could involve creating a gradual incline or steps leading up to your portion, which would allow for easy access without encroaching on the property of the first-floor owner.
Another alternative could be to explore the possibility of constructing a separate pathway or access route that does not involve the common passage. This could be done by creating a new entryway or using an existing pathway that does not interfere with the property of the first-floor owner.
Ultimately, finding a solution that is acceptable to both parties and that does not infringe on anyone’s property rights is the best approach to resolving this issue. It may be helpful to consult with a legal professional or a mediator to find a mutually agreeable solution.
