Question: Dear Sir, My neighbour uses my property for construction of his house. I recently built my house with a 3-foot gap on each side, as I utilized the full length of my plot. My neighbor, however, is constructing his house from end to end on his plot, which is 2000 sqft. This construction leaves my gap as the sole source of light and air for my property, and he has also installed windows that face my plot. My neighbor is now requesting access to my property to perform plastering work on his house. I would prefer not to have his workers enter my property for this purpose. Can I deny him access? It seems that the decision not to leave a gap on his plot is his own responsibility. Additionally, I would like to know if I can extend my construction to cover the entire length of my plot in the future, similar to his approach.
Asked from: Uttar Pradesh
Your neighbor does not have the right to access your property if they have not left a gap between the properties. In this case, you can prevent your neighbor from entering your property. To do so, you should file a civil suit seeking a perpetual injunction to legally prohibit them from accessing your property.
A perpetual injunction is a form of relief granted in civil cases where the court orders a party to stop a particular action or to refrain from doing something permanently. It is usually granted when the plaintiff has demonstrated that they have a strong legal right and that this right is being infringed upon by the defendant. It is governed by the Specific Relief Act, 1963.
According to this Act, a perpetual injunction can be issued under Sections 37 and 38. Section 37 deals with the types of injunctions, while Section 38 provides the conditions under which a perpetual injunction can be granted.
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