It is not lawful to build on one’s own land what may be injurious to another.
Law does not allow a person to make constructions or alterations on his/her own land if it is injurious to another person. Every person has the right to enjoy the possession over land of his own unless it obstructs the right of his neighbour. This maxim states that no person allowed to construction on his own land if it is injurious to the person having adjacent land.
A landowner does not have a right to erect a building on his own ground if it interferes with the due enjoyment of adjoining premises. The interference may be caused by overhanging constructions, or by throwing water from the roof and eaves upon the adjoining premises, or by obstructing ancient lights and windows.
Subramania Mudaliar vs Pachaiyappa Mudaliar,(1956) 1 MLJ 570
In this case the learned Judges held that a person has also a right of entry into his neighbour’s house or land to protect his eaves which project over the neighbour’s house.
Lakshmi Narain Banerjee Vs. Tara Prosanna Banerjee (1904) ILR 31 Cal 944
In this case the Division Bench of the Court granted an injunction in a case complaining of breach of easement right by overhanging branches of a tree and penetration of the soil by a growing network of roots.
Bansidhar And Anr. vs Matru Mal And Ors.,AIR 1959 Pat 517
In this case there was erection of the building by the defendant by the side of the plaintiffs’ building towards its north will not be unlawful if it does not close down completely the windows of the plaintiffs, or, obstruct their ancient lights and air, which would be the case if there is a compound wall intervening between the two buildings. Court held that the principle, therefore, which can be extracted from the above authorities, is that easement acquired by ancient lights or air is not measured by the amount of light or air enjoyed during the period of prescription. The owner of the dominant tenement obtains a right to so much of it as will suffice for the ordinary purposes of inhabitant or business according to the ordinary notions of humanity, having regard to the locality and surroundings.
Edited by Sree Ramya
Approved & Published – Sakshi Raje