Hi one query here..
Two adjacent plots A & B with boundary wall built by plot B in their site 4 inch thick hollow brick wall .
Plot B plans to fill Earth at their site to bring to road level.
They did that .. After few days boundary wall got broken & blasted to pieces ..
Breaking the plot A water and waste line , few things like aluminium ladder etc.
Now plot B wants common boundary wall to be built and expenses shared equally between A & B.
Is this right ?
Ps : Plot A is commercially operating at the moment . Plot B is vacant site.
Plot B earth filling is between 1 to 4.5 feet height.
New wall proposed have to hold the earth filling.
@bonobashi @BlackOpsIndia @_Anonymous_
And others who have knowledge related to this scenario .
Plot B cannot oblige Plot A to share the expenses of a common boundary wall, but they can definitely build it themselves.
There is no 'right' or 'wrong' here, there is only legally required and therefore enforceable, or legally not required, therefore achievable only through mutual consent.
An unasked question is about the compensation that Plot A might demand for loss of property due to the collapse of the boundary wall built by Plot B. This is a difficult point. Plot A might argue that they had nothing to do with the wall-building, and they should not be punished by the collapse of the wall. Plot B might retort that these are two different matters; that it is open to Plot A to quantify the damages suffered purely due to the collapsing of their wall, excluding those portions that might reasonably be expected to have suffered wear and tear through aging. And they might invite Plot A to re-build the wall jointly.