Need suggestion to Handle setback issue with Adjacent site

[manjunathdm]

Hi

My Uncle purchased a constructed house in 1984 which was built on 30 * 40 house. This house as set back of 6 feet in front (east), 3 feet back (west), 2 feet on south, on north we have 2 feet back till 32 feet remaining 8 feet there is no ( zero Feet) setback, we have bath room there.

Adjacent plot (towards North) was vacant plot ( corner plot) for long time, Now that plot owner started construction of a commercial complex. He is not leaving any set back on our north side. Contractor initially told that they will leave 2 feet setback and putted pillar at a distance of 2 feet from our compound wall, later yesterday we noticed that he started construction and putted beam adjacent to our compound when asked with contractor he told plan got changed they wont leave any setback. I talked to owner of the plot by taking number from contractor.

Owner of plot is telling you never asked to leave setback, I told him we talked to your contractor on the day one he told you guys are planning to leave 2 feet setback and now he says plan got changed, Then owner of the plot is telling now we have put beam already and it will not be possible to remove beam as he has already invested in that and also they won’t put any window there as its commercial complex so it should not be problem for us.
Since I was insisting that to leave at least 1.5 feet to accommodate light and air. He then started quoting that you guys also have not left any setback for 8 feet ( out of 40 feet) in your site. So why should I leave.
I know it’s our mistake of not leaving set back even if its 8 feet also, I was still trying to convince him to leave at least 2 feet setback for the length of 32 feet which we have left … but he was not ready to do that, later he told I am out of town now we will talk face to face on Friday when I come back.

I would like to know opinion from you experts How can I handle this situation? And also what would be my option if the adjacent plot owner does not agree to leave any setback?

Regards,
Manjunath

[nagzzz]

I think the best way is to sit with the Owner and convince him straight away, since it reduces lot of complications. By leaving no setback, the Owner is flouting the BBMP rules. In case you want to take up the fight, following is what you can check.
1) Check whether the plot is residential/ commercial place. Commercial places beyond certain area is illegal in residential plots.
2) Complain to BBMP against his deviations in Building approval plan. If they don't act, you can complain against them too. But then, you might also need up having to clean up your house

[manjunathdm]

Thank you nagzzz, I am trying to convince land owner to leave at least 1 feet as setback. but not sure will he agree (based on my 30 min conversation with him over phone). we are ok to clean up our area setback ( as we need to reduce only till 8 feet length).. if BBMP gives us some time.
But will just giving complain BBMP officials will act and try to correct? what documents i need to provide while complaining to BBMP?

[msn1270]

I feel neighbors have the right to object the commercial structures/violations.

1) First verify, whether he has conversion from residential to commercial for his plot.

2) Is he constructing as per the approved plan ?

3) Recent affidavit by BDA to the High Court Says, less than 40 ft wide road can't have Commercial structures.


if he is violating any of the above two criteria's, you can lodge a complaint at BBMP and put a stay on their Construction.
It doesn't matter, at what stage or loss he is going to bear.

[manjunathdm]

thanks for information msn,

one last question i have is i think we need to go to court to put stay. is it like we can do that only after complaining to BBMP and no action from BBMP in certain days? Or is it we can complain to BBMP and ask for stay together?

[sun]

I was in a same situation some time back. Here is what BBMP says - If you have violated the rules and built a house and already started living there, then no issues, but if a neighbor is building a house right now he has to leave specified set back as per by-law. Its not an excuse that he can give you have not left any set back.

You need contact the respective engineer at BBMP and talk to him with a written complaint. He will visit the site and talk to the owner, if that is not working out, then court and all that.

[maheshv]

I am with Nagzzz suggestion. we cannot choose our neighbor, better to live with them in peace and understanding.
Keep talking to him, keep showing your unhappiness, keep brining this up with other neighbors, while you are doing this, you will be able to gauge him, whether he has influence/contacts, cultured/uncultured etc., based on that, try to see if you can fix it in a friendly way, intimidate him (mention you will report to BBMP) or get into a compromise agreement (he can reduce building area in setback area)