Neighbours selling plants on terrace, are they responsible if my roof leaks? Terrace is above my apartment.

[User_670c6096]

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User_670c6096
PARTICIPANT
March 4, 2025 at 2:01 pm

Hi guys, I live on the 3rd floor of apartment, above me is terrace. My neighbours have started keeping plants on the terrace (They are selling it, terrace is full of plants). They water it daily I think.

If my roof starts to leak, I feel they are responsible. I want to prepare myself legally just in case.

Is it illegal to keep personal items on terrace? I know they are selling, but I’ve never caught them red-handed yet.

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[User_46c8f033]

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User_46c8f033
PARTICIPANT
March 4, 2025 at 2:05 pm

If they own the terrace, you cant do anything about it unless you got some proof or evidence that they are ‘COMMERCIALLY’ using the terrace for some business.
What you can do is when your roof starts to leak you can submit a complain in society regarding your roof leak and even state that people above you water their plant which could be major reason for leakage. Since its a society you two have to bare the expense 50-50 for the repair and dr fixit or whatever solutions you use.

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[Desishark6045]

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Desishark6045
PARTICIPANT
March 4, 2025 at 2:10 pm

Nope. If unnatural use of space is causing damage the other party is liable. If they own or not.

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[User_670c6096]

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User_670c6096
OP
March 4, 2025 at 2:14 pm

No society though. Literally there’s no management. I’m on the 3rd floor, terrace above me. It’s common terrace. I would just hate for it to become an ugly dog-fight in case my roof starts leaking and they deny the removal of plants.

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[Desishark6045]

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Desishark6045
PARTICIPANT
March 4, 2025 at 2:09 pm

It doesn’t have to be commercial also. You can serve them notice for nuisance through unnatural use of space causing damage. They are liable for damage.

But everything doesn’t need to be legal. It’s ugly. You can talk to them, and if they can plaster the terrace or so, let them continue. Or if they are willing to make some kind of amends.

The focus here is not them selling. That’s not your concern. Your concern is the watering of plants on terrace. So be focussed on that and don’t bring unnecessary discussions

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[Indiandude2263]

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Indiandude2263
PARTICIPANT
March 4, 2025 at 2:12 pm

just ask them not to overwater. har jagah kanoon aur litigation mai kyu padna chahte ho?

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[User_670c6096]

U

User_670c6096
OP
March 4, 2025 at 2:16 pm

I’ve spoken already yaar. They literally use a water-hose to water the plants. I’m 100% sure I’ll have roof problems later on. These guys are fighting types only. So i wanna be prepard.

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[User_fb09ada2]

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User_fb09ada2
PARTICIPANT
March 4, 2025 at 2:25 pm

Roof leakage might happen sometime soon. If it’s a common terrace and has society rules, ask to remove it right away to avoid future hassles. Else ask them to put a roof coating, at their own cost, and then continue with the plants.

Better stop them now than fight later.

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[Happyshark11]

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Happyshark11
PARTICIPANT
March 4, 2025 at 2:36 pm

Firstly, talk to other residents in the building and explain to them the situation and problems faced by you. Try getting support from them and pressurize your neighbour into removing the plants from the roof.

If that doesn’t work, send them a legal notice asking them to remove the plants and stop using the common terrace for commercial activity (confirm if it’s commercial. Many aunties just want to have a garden 😂) and also, highlight that the potential damage it may cause to your flat and clearly state that you will hold them responsible for it. Make sure to document everything, so that in case of future problems, you have evidence to support your claims.

If they don’t stop despite the notice, file a suit seeking an injunction against them.

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