Aditya Marwah
Asked May 31, 2015

Problem with Neighbours

  • 3 Answers
  • 53 Views

I live in a peaceful residential area. However, my neighbour has been a constant nuisance to me. This particular family keeps throwing garbage into my compound, using the water from my tank and plucks flowers from my garden without seeking permission. Directly speaking to them has not helped. What legal steps can I take to stop this?

Answers 3

Default avatar
Saakshi Sharma
There is a tort under the common law by the name of trespass to land. It is essentially meant to provide remedy to people who find themselves unable to enjoy their property due to unauthorised encroachment by others. Trespass to land is essentially an action against someone who is directly interfering with the possession of the property of a person. Even the placing of an object on the land of another constitutes trespass. In the present case your neighbour is interfering with the possession of your land by placing garbage on your land or by using materials from your land without proper authorisation. It is thus an act of trespass on your land and, after bringing it to the notice of the concerned authorities, you can file a civil suit for trespass. In a suit for trespass you need not prove actual damages to your property, but merely the fact that trespass has occurred. Alternatively, you can also file a suit under Private Nuisance. Private Nuisance is said to occur when one person ‘substantially and unreasonably interferes’ with another person’s right to use and enjoyment’ of their property. In the present case the dumping of garbage on your land, or the plucking of your flowers, or the taking away of water from the well constitutes substantial interference with the enjoyment of your land. Thus you may also file a case under private nuisance to get rid of the inconvenience caused. Once you have filed a case for private nuisance you will be allowed to enter the property of the person causing the nuisance and take measures to stop it, provided reasonable notice has been provided of the same. Alternatively, you can ask the Court for an injunction to stop the person from committing further nuisance until the final verdict of the Court is declared.
Agree Comment 0 Agrees over 1 year ago

SIr in this case you can file a case for permanent injunction not to disturb your peacefull possession and not to throw the said garbage in your area and not to pluck flowers etc from your area, further it is bette you issue a legal notice first and if they do  not stop then file a case by collecting some evidence in form of photograophs with negative or CD and file a case and get the injunction, further you can file a application for temproary injunction restraining them from continuiung the said acts till the suit is finally deicded.

Agree Comment 0 Agrees 4 months ago

SIr in this case you can file a case for permanent injunction not to disturb your peacefull possession and not to throw the said garbage in your area and not to pluck flowers etc from your area, further it is bette you issue a legal notice first and if they do  not stop then file a case by collecting some evidence in form of photograophs with negative or CD and file a case and get the injunction, further you can file a application for temproary injunction restraining them from continuiung the said acts till the suit is finally deicded.

Agree Comment 0 Agrees 4 months ago

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