Neighbour Dispute
A lot of issues can arise between neighbours. One of the common issues is playing loud music at odd hours or other such disturbances. You may tolerate it for some time; but there comes a time when such things become a nuisance.
Such kind of nuisance is stated in Section 268 of IPC. It defines nuisance as “when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood.”
In this case, you can call the police by dialing 112. However, there are cases wherein the police takes no action maybe because the offending party is influential or some other reason.
In this case, you can file a complaint in the court of magistrate under Section 268 of IPC. A lawyer will help you in this.
In case you are sharing a common wall with your neighbour and they start construction and if this damages your property, then you have the right to confront your neighbour and ask for compensation for the damage. Although you cannot say anything about the construction, as your neighbour has the right to construct, you can certainly say when there is a damage to your property due to construction work.
If your neighbour does not listen to you and refuses compensation for your loss, then you can file a case against them under Section 425 of IPC. You can also file a suit in a civil court for declaration and mandatory injunction and can claim damages in the same suit.
If your neighbour uses your parking space or any part of your property without permission, then you can file a case under Section 441 of IPC that deals with criminal trespass in the court of magistrate in the situation that he/she does not listen to you.
Benefits to choose service
Despite telling your neighbour about the wrong he/she is doing and about the loss or suffering that you have to face due to his/her actions, your neighbour does not pay heed and continues with their actions, you have the right to file a case. Taking the help of a lawyer is wise, as this would not only show you the right direction, but also make the neighbour realize his/her mistake. Many people are intimidated by court filings and lawyers and so on. When they will know you have hired a lawyer and you are going to file a case, they might stop their wrong actions. If they do not, you may go ahead with your legal proceedings against them.
Frequently Asked Questions (FAQs)
The Neighbour Law covers disputes like fence and boundary issues, loud noises like constant barking of dogs, loud music, etc., harassment by neighbours, conflicts over landscapes, and other nuisances.
In this case, you can first send them a legal notice through your lawyer. If they don’t pay attention to the notice and continue with their nuisance activities, then you can file a lawsuit.
If your neighbour’s pet dog is creating a nuisance for you by constant barking or messing your area or even biting you or any member of your family, then you have the right to confront your neighbour. Biting is a serious issue. If your neighbour does not put a leash on his/her dog, then this is wrong too. You can hire a lawyer and file a complaint against your neighbour through proper legal channel. You have the right to live in a safe place and if the neighbour’s dog proves to be a dangerous animal, then you must take action.