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My neighbour is damaging my house by using my wall as a common wall

Shivendra Pratap Singh

Advocate

30/05/2022

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Question: My neighbour have used my wall as a common wall. By fixing grills, metal gate, stormwater pipes, wires etc. He is damaging my house by using my wall as a common wall. There is a sheet in the backside of their house. He has fixed it on my boundary wall and even my bathroom wall. They have lined up pots along the wall. Resulting in water damage and loosening of tiles I got fixed on my side. The lady of the house is very loud and abusive. She has called the police about her l&ll floor tenants, though she is clearly in the wrong. Most people avoid her. 

Asked from: Punjab

You should file a complaint against him under section 426 Indian Penal Code for the offence of mischief. Your neighbour has the knowledge that his act i.e. to use your wall as his own or as a common wall, may damage the property.

In fact, you have been suffering wrongful loss to your property due to illegal use of your wall by your neighbour. You should also file a civil suit for damages and permanent injunction against your neighbour. 

He has no right to use your wall without your consent. Therefore, your neighbour is bound to compensate you for any damages or loss he caused to your house.

The current situation may breach the peace and tranquillity. Hence, you should file an application to the sub divisional magistrate under section 145 of the Code of Criminal Procedure for removal of fixtures attached with your wall.  

The SDM will take a bond from your neighbour and direct him to remove all the fixtures attached with your wall and will not do the same in future. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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