I have a house with a back window that I want to put in, but it would be in front of my neighbor’s house, and he is preventing me from doing so because it would be an illegal construction.
I’d like to know if it’s legal or not.
It’s important to remember that in India, there is no such thing as a natural right to privacy recognised by the law.
It is only a customary easement arising from a local custom, as defined by section 18 of the Indian easement act of 1882.
Which makes it obvious that a right of privacy can be obtained as a customary easement, so your neighbor can file a lawsuit to have the window in front of his house restraining.
Visualization (b). According to a local custom, no owner or occupant of a home can generate a new that would substantially intrude on his neighbor’s privacy.Ê
A constructs a home in the town near B’s.
A obtains an easement from B not to open new windows in his house in order to command a view of the parts of A’s house that are normally hidden from view, and B obtains a similar easement with respect to A’s house.
It is clear from illustration (b) of Section 18 of the Indian Easements Act, 1882, that in attempt to obligate the plaintiff to a decree for a permanent injunction directing the defendant to close the window erected in his own estate, the plaintiff must assert that there is such a customary right in the town where the premises are located that no owner or occupier of the house can open a window therein so as to substantially invade his neighbor’s privacy.
As a result, the plaintiff must allege and prove that there is a custom in the town where the properties are located that no owner or occupier of a house can open a new window that will substantially intrude on his neighbor’s privacy.
He must also show that the plaintiff has a customary right to privacy and that such a right is being infringed upon or threatened to be infringed upon.
Your neighbour can file a law suit against you under Section 18 of the Indian Easements Act, 1882, but he must prove that there is a custom in the town where the properties are located that no owner or occupier of a house can open a new window in such a way as to substantially invade his privacy.
He must also prove that he has had a customary right to privacy and that there is a violation or threat of an infringement of that right on your part.
Reference: The Indian Easements Act, 1882:
Section 18 – 202100523-20210006-79