When Neighbours Clash Over Common Walls: Why You Must Know Your Adjoining Property Rights Maharashtra

Have you ever had a dispute with your neighbour about a cracked wall, shared water line, or driveway usage? These conflicts often stem from unclear boundaries and poor understanding of adjoining property rights Maharashtra. As urban areas in Maharashtra like Mumbai, Thane, and Navi Mumbai continue to grow denser, shared walls and common facilities have become a legal hotbed for disputes.

This comprehensive article simplifies the legal implications of sharing structures between adjoining properties. We’ll guide you through your rights, obligations, and the best course of action under Indian law to protect your interests in case of shared facilities property legal disputes.

Understanding Adjoining Property Rights Maharashtra

What Are Shared Facilities Between Adjoining Properties?

In Maharashtra, two adjacent properties often share more than just a boundary they might also share:

• A common wall
• Drainage lines
• Driveways or staircases
• Utility pipes or water tanks

These shared facilities create complex legal questions. Who owns the common wall? Who’s responsible for its maintenance? Can a neighbour alter or build over it?

These are all governed by adjoining property rights Maharashtra, which are backed by the following key legal statutes:

• Indian Easements Act, 1882: Governs rights of way, light, air, and drainage
• Transfer of Property Act, 1882: Addresses property ownership and transfer
• Maharashtra Regional and Town Planning (MRTP) Act, 1966: Covers land use permissions and development controls
• Maharashtra Land Revenue Code, 1966: Defines boundaries and revenue implications

Municipal building bye-laws and local society bye-laws further influence how shared facilities property legal issues are handled.

1. Common Disputes Around Shared Walls and Facilities

• Damage and Maintenance Responsibility

If a crack appears in a common wall, who pays for the repair? Without a written agreement, this becomes a grey area under adjoining property rights Maharashtra.

• Encroachment and Unauthorised Alterations

A neighbour may:

1. Extend a shed onto your property
2. Install AC units on shared walls
3. Lay water pipes without consent

Such actions can violate shared facilities property legal norms and warrant immediate legal response.

• Blocked Access to Shared Areas

Driveways or staircases are often used jointly. Disputes arise when:

1. One party locks the gate
2. Constructs barriers
3. Claims exclusive ownership

Example: In a 2023 Bombay High Court case, a builder failed to demarcate common walls in a redevelopment plan, triggering prolonged litigation between flat owners.

2. How to Protect Your Adjoining Property Rights Maharashtra

• Review and Secure Property Documents

Ensure your sale deed, society allotment letter, and approved plans define shared areas clearly. Vague documents are a common cause of litigation.

• Formalise Agreements

Draft a registered agreement with your neighbour outlining the use, repair, and upkeep responsibilities of shared facilities.

• Register Easement Rights

If you’ve been using a facility (like a shared sewer line) for over 20 years, get it registered under the Indian Easements Act.

• Conduct a Joint Site Survey

Before renovations or structural changes, conduct a joint survey with your neighbour and document it. This avoids future disagreements.

• Maintain Communication

Polite dialogue can often prevent matters from reaching court. Keep a record of all conversations related to shared matters.

3. Legal Remedies Under Adjoining Property Rights Maharashtra

If a dispute cannot be resolved amicably, the following legal remedies are available:

• Civil Suit for Injunction

Prevent your neighbour from altering or encroaching upon shared structures.

• Declaratory Suit

Establish legal clarity on rights where ambiguity exists over shared walls or access.

• Mandatory Injunction

Order your neighbour to remove an unauthorised structure like an extended balcony or illegal water tank.

• Compensation Claim

Seek damages if their actions have caused financial or physical loss.

• Municipal or RERA Complaint

For violations involving sanctioned plans or building norms, approach local municipal authorities or file under RERA.

4. Documentation and Timelines

What to Maintain:

• Sanctioned building plans
• Registered property documents
• Joint survey records
• Communication logs and photographs

When to Act:

• Serve legal notice within 30 to 60 days of noticing a violation
• Do not delay; inaction may weaken your legal position

What to Avoid in Shared Property Disputes

Do Not:

• Alter or demolish a shared facility without mutual consent
• Rely on verbal agreements these hold little weight in court
• Delay approaching a lawyer when rights are infringed

Do:

• Seek early legal advice from a property law expert
• Use formal letters, not WhatsApp or verbal warnings
• Resolve matters amicably where possible, but document everything

Takeaway: Awareness is Your First Line of Defence

Understanding adjoining property rights Maharashtra is not just about protecting property; it’s about protecting peace of mind. Be proactive review your property documents, draft clear agreements, and take legal action when necessary. Respect for shared space begins with legal clarity.

Disclaimer

This article provides general information and is not intended as legal advice. For personalised assistance or action on legal matters, please consult a qualified legal professional. Laws may vary based on specific facts and jurisdictions, and professional guidance is essential for accurate interpretation and application in individual cases.

About Tigde Law Firm

Tigde Law Firm is recognised among the top 10 law firms in India, offering full-service legal expertise in complex areas including EOW, ED, corporate law, property, builder disputes, divorce, civil, commercial, and criminal cases. Headquartered in Thane with offices across Mumbai and Navi Mumbai, Tigde Law Firm serves clients nationwide with a strong team of over 100 lawyers. From local courts to the High Court and Supreme Court, TLF leads with trusted, result-driven advocacy.

Founded by Sachin Subhash Tigde and Shubhash Tigde, both experienced High Court lawyers in Maharashtra with a legacy of over 45 years and second-generation expertise, the firm has handled more than 5,000 cases. With 50+ in-house advocates across Mumbai, Navi Mumbai, and Thane, Tigde Law Firm is widely regarded as the best law firm in Thane and home to some of the most reliable advocates and lawyers in Thane. Specialising in property and redevelopment matters, RERA compliance, society disputes, divorce, NCLT, civil, criminal, corporate, and IP law, TLF delivers clarity and confidence to clients facing complex legal challenges.

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