LEGAL CHART
A legal perspective on neighbours
R.K. NARAYANAN
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There are many issues infringing on neighbour’s rights
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Photo: P.V.Sivakumar
No option here: You do not have a choice on neighbours.
There are many things in life, where we do not have a choice. Today, neighbours may fall in this category. Present day life is fast. We do not have time for many things. Neighbours can be strangers to each other. So long as we have no issues with the neighbours, one can be on his or her own. When issues crop up, they tend to affect normal life. It is therefore good to be acquainted with legal perspectives.
It is possible that one’s neighbourhood is made up of a mosaic of people of various religious, racial, ethnic and economic backgrounds. Present day living requires far more adjustments and sensitivity in this regard. From a legal point of view, simple common sense and friendly approach can save a lot of problems, unpleasantness and unnecessary expenses.
The simple things that one can think is whether, any factor, feature or use of one’s property can affect the neighbour? Do things, which one takes as granted, affect or hurt the person next door? Is it possible that the manner in which you build, demolish, expand, develop or deal with your property, would affect the interests of your neighbour?
A common sense approach in these matters can save time and money. At times, it will protect you from being ruined.
There are some, who know that they are infringing their neighbours rights but, nevertheless, go ahead with their plans. They rely on influence, money power, might and the like. Most of the times, these things don’t work and the properties are locked up in legal tangles and the purpose is rarely achieved.
Then there are matters, which can be talked over and settled. We assume many things about a neighbour, without any factual basis. Complaints are given, notices sent. One rushes to various authorities. It is found much later that a simple talk or discussion would have resulted in an amicable settlement.
Though, it is very difficult to have any guideline for the behaviour towards or of the neighbours, it is better to have a balanced view . You do not have to rush to the authorities or courts at the drop of a hat. At the same time, one should be firm and should not hesitate to approach the authorities or courts, if the situation demands such an action. Taking legal advice would also help.
Common disturbance
The most common disturbances and disputes that arise between neighbours include cases of disruption or interference with the usage of property by the other with regard to air, light or water received by the other. Most of these issues arise out of violations of plans, sanctions, regulations or permitted use of properties. When you propose to develop or otherwise deal with the property, think from your neighbour’s shoes. Do not overlook small things. Do not ignore warning signs, legal notices, communications from authorities.
Another common grievance amongst neighbours is nuisance. At times, one tends to think that anything that one does, as far as done, in one’s own property, is not the concern of the neighbour. Playing music at very high volumes, loud partying and activities associated with loud noise or those causing disturbance and annoyance to the neighbours fall within these categories. Putting one’s property to illegal or immoral use may amount to a different type of public nuisance and may invite civil and criminal proceedings. Other types of nuisance would be using residential premises for non-residential use like having factories, polluting industries etc. These activities may affect the entire neighbourhood.
Disputes may arise with regard to compound walls and fences. The most common dispute out of these is the location, dimension and encroachments. These disputes can be sorted out by survey and verification of records and title deeds. At times, the ownership of a compound wall or a common wall comes into disputes. Most of these issues can also be sorted out by taking proper legal advice.
Clever moves
It is possible that a neighbour has laid large pipes that drain water from a common source, pipes and huge storages are made to individual units from common wells and borewells. Common passages are blocked and converted for personal use. Many times, these options are viewed as clever moves. In my experience, it is difficult to sort out these problems, except by approaching the authorities or courts. Interestingly, these instances also reveal a very high tolerance level by the affected parties and relief from courts or authorities are sought only when the other person pushes thereon to the limit. Other types of disputes that can arise would be possible problems caused to the structure of the neighbours building like pile driving, deep digging of earth etc. Almost, always, those cases are resolved only by orders from courts or authorities.
Problems can also arise from trees crossing over to the neighbour’s property and threatening damage to life or limbs of people or use of property. Keeping pets can irritate the neighbours, often justifiably. Dangerous dogs and other pets or animals can wreck havoc with a neighbour’s life, as we have seen from certain recent incidents. Keeping, dangerous equipments, appliances and potentially dangerous things threaten peaceful and harmonious lives and living of the neighbours.
The usage of vehicles, parking lots and spaces, our use of facilities and amenities, our passion for certain things, our entertainments, functions, religious practices and practically every area of life are intertwined with our neighbours’ harmonious living, if not their rights. Remember, the legal perspective can be gathered from a simple understanding. “Do not do unto your neighbours, what you do not want them to do unto you”.
Partner, RANK Associates
Email: rank@vsnl.com
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