I recently bought a plot to build my home. My neighbour has already built their house, but their wall (around 5 inches thick) and some foundation stones are encroaching on my property. I plan to build my house on pillars, and need some of their wall and foundation removed to make space for the pillars. Can I ask my neighbour to do this? If they refuse, can my builder remove it? What are my legal rights in this situation?

Apni Law
Apni Law
Law Forum › Category: Property › I recently bought a plot to build my home. My neighbour has already built their house, but their wall (around 5 inches thick) and some foundation stones are encroaching on my property. I plan to build my house on pillars, and need some of their wall and foundation removed to make space for the pillars. Can I ask my neighbour to do this? If they refuse, can my builder remove it? What are my legal rights in this situation?
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Apni Law Staff asked 1 year ago

I recently bought a plot to build my home. My neighbour has already built their house, but their wall (around 5 inches thick) and some foundation stones are encroaching on my property. I plan to build my house on pillars, and need some of their wall and foundation removed to make space for the pillars. Can I ask my neighbour to do this? If they refuse, can my builder remove it? What are my legal rights in this situation?

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Best Answer

Apni Law Staff answered 1 year ago

You have the right to ask your neighbor to remove the encroachment and if they refuse, you can take legal action to have it removed. However, your builder cannot remove the encroachment without your neighbor’s permission or a court order. It is advisable to consult a lawyer to understand your legal options and proceed accordingly.

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