How to legally deal with the neighbour as there is the common wall and as we are constructing the house he is denying to remove the wall and agreed upon 50-50 use of wall but now raising objection what can be done?


It’s not clear as to who is the owner of the wall and it appears that both the houses are constructed on the similar wall on fifty percent each.

If it is jointly owned then deprived of his consent, you cannot use or demolish the wall.

You may file suit for directions to other party to allow you to construct. However, after conversing and seeing the map better advice could be given.

You are free to transmit out any sort of construction on your property as long as your neighbour’s property is not the damaged by the construction carried out by you.

If they are making pointless objections, you always have an selection to file a suit for injunction against them warning them from committing such an act.

If that is the case you can go gaining and file a civil suit seeking injunction/restraining them from creating interference in your passage for construction consequently even a LC can be appointed by civil court.

Therefore, you can go ahead and file suit for command along with damages for harassment that you have gone through.

Common wall means a wall built on land going to adjoining owners, the wall being the shared property of both owners.

You can rebuild the wall with 7′ width and make sovereign walls the wall in the map and talk to the person.

Reference: The Party Wall Act 1996 provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings. – 202100482-20210042-16881



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