[ariesonu]

My two cents:

Nobody will open a study library in 2021. Your new neighbour has found a "LOOPHOLE" in system wherein getting permission to convert residential property to commercial in the name of library must be easiest and without much hassles. So be rest assured, he has in-depth knowledge of local (manipulative) laws for whatever he intends to do.
Another opinion is that he may also not opt for high traffic business because for that he could have picked a front facing property or either he got the property for peanuts.

Since this is not front facing property, he might open a tuition school or some sort of educational institute or even BPO back office - under the garb on library.

Since you are living in Dallas (I presume whole time), you ain't losing much peace.

Regards.

[Samurai]

Originally Posted by ariesonu

Nobody will open a study library in 2021. Your new neighbour has found a "LOOPHOLE" in system wherein getting permission to convert residential property to commercial in the name of library must be easiest and without much hassles.

You have correctly identified the core issue here. I too kept thinking "study library" doesn't sound right. As a businessman myself, I would not even consider that as a business that will justify such capital investment.

[IP_Man]

I thank all of you for wonderful responses.

Originally Posted by jkrishnakj

You may actually be better off in engaging with your neighbor directly as opposed to hearing stuff from authentic sources. It will turn out to be a lot more peaceful outcome by having an open conversation where you can state your apprehensions and your neighbor may actually think through a viable solution.

After getting my sign on the NOC, his tone has changed. Now he openly admit his intention.

Originally Posted by landcruiser123

Are you sure about his plans? Please talk to him first before going ahead with any action. Once you're sure about his motives, please talk to him about the implications - noise, people loitering in the access passage, 2wheelers/cycles driving though all day etc.

Already had a word with his family about the implication regarding increased traffic and noise but they are now adamant.

Originally Posted by GTO

I am guessing you are an occasional visitor to this house.

You are right. After my father's demise, our visits are merely for the payment of the local electricity bills and few days of stay in a peaceful atmosphere.

Originally Posted by aargee

So, after all these, if you still want privacy, ask your neighbor permission to build you want to build a tall fence in your premises while respecting him & build as shown in thick black line; may be a waste of money, but still, you could live in the present without thinking of his next moves/counter attacks

Attachment 2117791

Valid suggestion. Matter is bit complicated due to common passage as it belongs to both. Dividing common passage to half will left him only five feet wide road for which he is may not agree.

Originally Posted by dhanushs

If both the bungalows are similar, may be you can swap each others bungalows and ask him for an extra premium for a road frontage.

He already demolished his part. My bungalow is useless for the activity he plan to start.

Originally Posted by sagarpadaki

How is the side 10 foot common passage used by you/your family? Is it the main entry for your home? From the schematic, i see you have access to the road. So I presume you have a bigger gate at the front?

Yes you are right.

Originally Posted by svsantosh

2) Sell your property for a premium to him (I know that is not welcome)

3) Buy his at a premium and keep all those memories intact.

Legally - Nothing can be done in todays world. Commercial means hand of local goons and land sharks will be vested, not to mention some politicos too. So unless you are really interested in all the trouble consider alternate ways.

I want to retain that property as long as I can for the sweet memories of mother and father. Already my property is dormant and I don't want to invest in his property unless I have plan to settle permanently there.

Actually because of lack of jobs, everyone is trying to go in to service sector is a sad state of affair.

[ariesonu]

Originally Posted by IP_Man

You are right. After my father's demise, our visits are merely for the payment of the local electricity bills and few days of stay in a peaceful atmosphere.

He already demolished his part. My bungalow is useless for the activity he plan to start.

I want to retain that property as long as I can for the sweet memories of mother and father. Already my property is dormant and I don't want to invest in his property unless I have plan to settle permanently there.


Actually because of lack of jobs, everyone is trying to go in to service sector is a sad state of affair.

I am not scaring you but just relating to my own experience.

Your dormant property will no more be dormant. Once people start noticing that your house is empty, you may start having unwanted guests, especially when it is next door to some commercial property. I won't be surprised if it is used for ILLEGAL parking.

You wont believe but there is a law that you, even being the property owner, CANNOT evict a squatter & if that happens, your & your late parents will never be at peace.
In my case, it will 25 years in 2021 & the long legal battle is still on framing charges stage, forget about hearing stage. I had planned to sell it off but took the decision at wrong time & 2020 crashed the real-estate prices & now I am not even getting 70% of my expectations.

Rent it out, if not occupied. You will be at more peace & will also keep getting updates from your tenant.

Regards.

[dragonfire]

Our neighbor leased his house to the govt and the govt veterinary hospital is functioning there now. Now the already narrow street is being used for parking by the visitors and all kinds of sounds (mooing cows, bleating goats and barking dogs) fill the air. Guess I will have to soundproof my office room if I have to continue working from home.

Sorry for the rant, but that's life. You have to move on and look for ways to alleviate the pain. After all it is a study library. The most harmless commercial activity I can think of.

[2000rpm]

Originally Posted by svsantosh

2) Sell your property for a premium to him (I know that is not welcome)

3) Buy his at a premium and keep all those memories intact.

Legally - Nothing can be done in todays world. Commercial means hand of local goons and land sharks will be vested, not to mention some politicos too. So unless you are really interested in all the trouble consider alternate ways.

Agree. I was gonna say the same. The commercial activity, if successful, will only increase your property prices.

[audioholic]

Originally Posted by IP_Man

I seek help/advice in following situation.

In my native place, I own one part of twin bungalow (wall common) built by my father. Configuration is as shown in bellow figure. My father was living there for last fifty years. He expired three years back.

Note: His plan is to take permission from town planning department for the residential purpose and start study library.

If your property has that frontage to the main road, then I see no reason why you must be worried. Rather it would be a bigger problem if your property was the one behind with a passage which could have been an issue with parked cars and so on. Hence, if at all this passage becomes an issue in the future, you can always have your own entrance to the main road and like others mentioned, you can look at raising the wall for your privacy.

Another aspect to consider is the ownership of this passage. Is it jointly registered to both property owners? If so, then you will have a say in how this is used and try to use this as leverage. But only to a limited extent. Hence, I would stop worrying about the construction and have a friendly relation with the other guy rather than taking this matter legally. Its not worth it and will make matters worse.

[v1p3r]

Except for zoning laws (if they exist where you live), your neighbour is not committing any violation.

Also, you cannot encroach upon the passageway to his property in any meaningful way. If not outright possession, he enjoys easement rights and any court will be quick to side with him - there is enough precedent on this.

I'm still not very sure what the objectionable bit of this entire story is. You don't live there full-time, so how does your neighbour's activity affect your peaceful enjoyment of the property?

[charanreddy]

Practically speaking there are many options.

1. Talk to your neighbour. Engage a few influential neighbors as well if needed. Tell him a commercial establishment is not welcome as you would prefer a quiet environment and like your privacy preserved. If he agrees, well and done. If not read below.

2. Engage a lawyer and sent a couple of legal notices. One to your neighbor and second to your town planning authority through registered post. No govt authority wants to ruffle up a neighbourhood in favor of a single person unless the person has bribed them heavily or has a lot of influence.

3. Even after sending the notices if the planning authority gives approval and construction starts, file a case in court. Your lawyer would know to manage the situation so you get an exparte order that says maintain status quo.

It takes a lot of effort to alter the status quo, so this is in your favor and it’s your neighbor that has to work to change this. He is trying to build a machine and all you need to do is keep throwing spanners and even if one hits, the work is halted.

[MiJo]

If you have full access from the main road, you can consider giving up your rights to the 10ft access road for a good price. You can utilise the funds to raise a boundary wall, masonry or otherwise. I agree with one of the comments above that if your house is mostly unoccupied, it is going to be a target of unwanted attention. More so, if the neighbour's property is commercialised.

[Tucker48]

Is the passage a public place or private place. Does the passage appears in the govt documents as well and if yes, what it's designated as? Looking at the drawing, I feel there's no way that plot was meant to be divided in two. Even in such cases(division of plot), each owner should get equal fronts, which is not the case here.
Now regarding NOC which you signed can be easily disputed in court as your intentions of giving NOC was for residential purposes. Again, does the NOC specifically says that the property is going to be used for commercial purposes?
Anyways, without wasting time, get a stay order from the court ASAP.

[aashishnb]

Suggest you have a heart to heart chat with him on your concerns and reservations, maybe there is an amicable solution.

As far as the problem goes, , 2 potential solutions. However,this will only escalate the matter and you'll have to be ready for the next salvo he'll fire once you initiate. Things can start to get ugly soon.

1. He'll need to get a building plan sanctioned for the new structure. Normally one needs to leave setbacks/suggested margins on all sides. Therefore, he/she either had to keep the plans exactly like earlier (user the same plinth) or you need to give you NOC for use of the common wall for the new plans. Troy can lodge your complaint/non-agreement with the building plans sanction department and then they wouldn't be able to give the new plan sanction without risking themselves.
2. A normal study library may generally allowed in resi premises, as part of commercial activities allowed. However, you should check your local regulations with some architect and if blue allowed lodge a complaint for unauthorised use.

Again, if he's a real estate guy, he'll know his way around amd potential solutions.

[TrackDay]

Originally Posted by ariesonu

My two cents:

Nobody will open a study library in 2021. Your new neighbour has found a "LOOPHOLE" in system wherein getting permission to convert residential property to commercial in the name of library must be easiest and without much hassles. So be rest assured, he has in-depth knowledge of local (manipulative) laws for whatever he intends to do.

Even I agree with the above. This guy might be having other plans and might know all the rules and regulations. Trying checking with the authorities regarding the zoning rights within a residential area.
You can also consult with a lawyer regarding placement of outdoor air conditioning units. If he plans to place those big units facing your residence, it can be filed as a disturbance I think. In the end though since you are not here, it can be a bit tough. personally I feel since your property is roadside, you could also get a road side front gate later on.

[superbad]

Originally Posted by IP_Man

I seek help/advice in following situation.

What was the wording in the NOC which you signed? Did it explicitly mention usage for residential purpose only or was there a loophole there which allowed him to commercialise? That document carries a lot of weight.

[spd_tkt]

I am not familiar with which place this is but in my hometown in Kerala if a neighbor wants to start certain businesses, one of the requirements for application is a signed NOC from all neighboring plots/ residents. We signed this NOC to help our neighbor start a chicken farm, the smell is tiring at times but it is still their livelihood and I can live with that for now. Not sure, but it may also depend on the nature of business.