in Property Law Civil Law
Asked February 27, 2018

Common Wall demolish - Right of owner

  • 1 Answer

Hi team, I am intending to demolish my own house and reconstruct it. I have a neighbor (shop) who shares a common wall with my house. The width of common wall is almost 1.5 feet and I am legally bound to get half of that. The issue is while I am demolishing the common wall, the other half is also getting affected in the process and developing cracks. It has become extremely difficult to knock down the wall without affecting the other side. Inspite of several appeals and requests to my neighbor assuring him of repair in case of damage, he refuses to budge. No amount of persuasion seems working on him because of his adamant attitude. In this scenario, do I have an option to complain through Muncipal authorities (GHMC, Hyderabad) to force my neighbor to demolish the wall or entire structure (shop) as the construction is closed to 70 years of age. Citing reasons of safety and no proper maintenance can I file a complaint to bring down the shop? Please advice how do I proceed?

Answer 1


You can demolish your wall, while demolishing if someone gets affected, he will proceed against you as per law. Then you can offer him before that authority that you are  prepared to reconstruct the same. The problem is solved. He can not stop you from demolishing your own wall and you can not stop his wall from developing cracks, so proceed with the demolishing your wall. He will come running with Muncipal authorities, then suggest him the solution in presence of Municpal authorities. Be sure that you have all the permission to demolish your own wall.


Ajit Lakhani

Agree Comment 0 Agrees almost 4 years ago

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