Thursday, July 20, 2006
You enjoy as many rights as your neighbour does
The rights of oneself are limited by the rights of the other. One’s freedom of movement ends where the other person’s begins. This is the common law that applies to adjoining building owners too. The owner of a house owes reasonable behaviour to the neighbour, which if it crosses the limits and gets encroached upon to become “disturbance” or “harassment”, entitles the victim to take legal action. If “love thy neighbour” is a moral, “do not disturb the neighbour” is the law. The law protects every one from harassment, from neighbours and others, in respect of the property one owns or occupies.
The right to keep others out of property is one of the defining characteristics of property ownership. Those who are fortunate enough to own or rent their homes are entitled to injunctions to prevent intrusion and damages to compensate for trespass. As a landowner, the law gives you the right to the ordinary use and enjoyment of your land. But it’s important to remember that your next door neighbour enjoys the same rights.
It’s not necessary that we are always on good terms with our neighbours. Disputes arise because of boundaries, fences, trees and structures, animals and noise, nuisance and trespass, easements and rights of way.
Easementary Rights
* Everybody has a right to undisturbed enjoyment of his/her own property. Every house is entitled to reasonable amount of ventilation such as air and light from the lateral sides around. This is called “easementary” right. No owner of the land can construct a house till the end of the compound, without leaving set off space, to facilitate lateral light flowing into the neighbour’s house.
* Landowners are allowed to dig or excavate their own land, but neighbours are entitled to “natural support”, that is, lateral support of the land in its natural position. Excavation that appears to remove support is not in itself sufficient to make the excavating owner liable — damage must have occurred by subsidence. On the other hand, buildings do not enjoy a right of support so an excavator will generally be liable only for damage to the building (or to the land if the building’s weight led to subsidence) when there is negligence.
* Local council requirements may require retaining walls to be erected when excavations are undertaken. Thus the owner of a plot cannot dig so deep that the lateral support to the wall of the neighbouring house is lost and leads to its collapse.
* Most of the municipal building bylaws and norms are meant for protecting this right to ventilation. Any violation of the easementary right to light or air, can be questioned in a civil court and remedy in the form removal of obstruction through an injunction can be obtained.
* However, the owner of the land loses easementary right by not speaking against it for 20 years. That means, if he/she keeps quiet at the stoppage of light and air for 20 years he/she would lose the right to question it. It is a limitation on exercise of rights by the person. * Snapping the electricity connection or obstructing the water flow or piling up garbage near the living room or spreading foul smell deliberately to disturb are some of the mischievous things against which the victim has legal remedies both under Law of Torts (civil wrongs) and Law of Crimes.
Valid, Legal Complaints
* If the neighbour complains against someone for his or her violation of building norms, or for any other legal wrong, it cannot be considered harassment. It is the duty of every one to abide by the law. If someone hides his/her mistakes and the neighbour exposes them, the law will not provide any remedy for it. Every citizen has the authority to complain against people who do wrong. But, if the neighbour causes mischief and prevents the permission by manipulating the government machinery through his/her influence, the victim can agitate against him in the court of law.
Breach of contract
* If a person induces the builder or the authorities to do wrongs against the neighbouring flat owner or dweller, there are remedies available. If the neighbour induces the builder to breach the contract with the purchaser, the victim can file a case against the builder for breach of contract, and also file a suit for damages against the neighbour for inducing the contractor to do so. The later right is available to him under Law of Torts.
Conspiracy and Abetment
* If the neighbour provokes the municipal officer to misuse his authority to harass illegally, the victim can sue both the officer and the neighbour for misusing and provoking, or conspiring to inflict sufferance. The essence of being a good neighbour is respect combined with consideration for others. A dispute will strain relationships. While approaching your lawyer for advise, remember it is best to resolve matters through discussions.
The right to keep others out of property is one of the defining characteristics of property ownership. Those who are fortunate enough to own or rent their homes are entitled to injunctions to prevent intrusion and damages to compensate for trespass. As a landowner, the law gives you the right to the ordinary use and enjoyment of your land. But it’s important to remember that your next door neighbour enjoys the same rights.
It’s not necessary that we are always on good terms with our neighbours. Disputes arise because of boundaries, fences, trees and structures, animals and noise, nuisance and trespass, easements and rights of way.
Easementary Rights
* Everybody has a right to undisturbed enjoyment of his/her own property. Every house is entitled to reasonable amount of ventilation such as air and light from the lateral sides around. This is called “easementary” right. No owner of the land can construct a house till the end of the compound, without leaving set off space, to facilitate lateral light flowing into the neighbour’s house.
* Landowners are allowed to dig or excavate their own land, but neighbours are entitled to “natural support”, that is, lateral support of the land in its natural position. Excavation that appears to remove support is not in itself sufficient to make the excavating owner liable — damage must have occurred by subsidence. On the other hand, buildings do not enjoy a right of support so an excavator will generally be liable only for damage to the building (or to the land if the building’s weight led to subsidence) when there is negligence.
* Local council requirements may require retaining walls to be erected when excavations are undertaken. Thus the owner of a plot cannot dig so deep that the lateral support to the wall of the neighbouring house is lost and leads to its collapse.
* Most of the municipal building bylaws and norms are meant for protecting this right to ventilation. Any violation of the easementary right to light or air, can be questioned in a civil court and remedy in the form removal of obstruction through an injunction can be obtained.
* However, the owner of the land loses easementary right by not speaking against it for 20 years. That means, if he/she keeps quiet at the stoppage of light and air for 20 years he/she would lose the right to question it. It is a limitation on exercise of rights by the person. * Snapping the electricity connection or obstructing the water flow or piling up garbage near the living room or spreading foul smell deliberately to disturb are some of the mischievous things against which the victim has legal remedies both under Law of Torts (civil wrongs) and Law of Crimes.
Valid, Legal Complaints
* If the neighbour complains against someone for his or her violation of building norms, or for any other legal wrong, it cannot be considered harassment. It is the duty of every one to abide by the law. If someone hides his/her mistakes and the neighbour exposes them, the law will not provide any remedy for it. Every citizen has the authority to complain against people who do wrong. But, if the neighbour causes mischief and prevents the permission by manipulating the government machinery through his/her influence, the victim can agitate against him in the court of law.
Breach of contract
* If a person induces the builder or the authorities to do wrongs against the neighbouring flat owner or dweller, there are remedies available. If the neighbour induces the builder to breach the contract with the purchaser, the victim can file a case against the builder for breach of contract, and also file a suit for damages against the neighbour for inducing the contractor to do so. The later right is available to him under Law of Torts.
Conspiracy and Abetment
* If the neighbour provokes the municipal officer to misuse his authority to harass illegally, the victim can sue both the officer and the neighbour for misusing and provoking, or conspiring to inflict sufferance. The essence of being a good neighbour is respect combined with consideration for others. A dispute will strain relationships. While approaching your lawyer for advise, remember it is best to resolve matters through discussions.
# posted by mashup @ 12:56 PM 
