Wall construction by neighbour to prevent light from entering my house. My neighbour and I had an argument and after that he started constructing a wall on his side to block sunlight and air from entering my house. What can I do now to prevent him from constructing the wall?
Asked from: Rajasthan
According to the Indian Easements Act, 1882, a neighbor cannot block sunlight by constructing a wall. This act recognizes the right to receive light and air as an easement, which is a legal right attached to the property. If your neighbor’s wall is obstructing sunlight and air from entering your property, you can take legal recourse to protect your rights.
You can file a civil suit against the neighbour because he is trying to deprive you from receiving sunlight by constructing a wall. However, he has the right to construct a wall in his land but has no right to interfere in you right to easement.
An easement refers to the right of a property owner (dominant tenement) to compel another property owner (servient tenement) to either permit or abstain from certain actions on the servient property, for the benefit of the dominant property.
It encompasses various rights such as the right of way, right to light, right to air, and more. These easement rights ensure that the owner of the dominant property can enjoy specific benefits or access that would otherwise be restricted without such rights.
Right to light
The right to light is the right to prevent the owner or occupier of an adjacent property from constructing or placing anything on their land that unlawfully obstructs or obscures the light of the neighboring property.
The easementary right to light protects against a specific nuisance. To sustain an action for light obstruction, continuous enjoyment of light for twenty years without interruption or consent is required. The obstruction must also qualify as an actionable nuisance.
File a civil suit
You should immediately file a civil suit for permanent injunction and declaration of right. If you have been enjoying sunlight for more than twenty years, then you have the right to stop the construction. In the proposed civil suit you should claim a temporary injunction and stop the construction until the further order of the court. Because your neighbour prevent light thereby he has been infringing your right to easement.
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