2 Answers
Dear Client,
In general, you have the right to place the window air conditioner in your property, as long as this is done in conformity with the municipality’s regulations regarding building and the device does not become an unreasonable nuisance, safety hazard, or obstruction. Although the fact that the lane is narrow means nothing per se, and if the air conditioner is placed at a proper height, your neighbour has no right to stop you from placing it because of personal disagreement. At the same time, be sure not to make any of the air conditioner’s parts interfere with public property or harm the property of your neighbours because this may become a legitimate reason for complaint.
I hope this helps and if you have any further issues do not hesitate to contact us.
Dear Client, your neighbour has no legal authority to prevent you from installing a window AC unit inside your own house.
On your right to install the AC, every homeowner has the right to use their own property for reasonable domestic purposes, which includes installing cooling equipment such as a window AC. Your neighbour cannot direct you to remove an installation that is within your own property.
The relevant concern in a narrow lane is whether the AC unit protrudes into or over the public lane or your neighbour's property. If the AC unit is installed within your own wall and does not project significantly into the common lane or over your neighbour's property, your neighbour has no legal right to object. However, if the AC unit drips water onto the lane, the neighbour's property, or causes significant noise disturbance directly into the neighbour's living space at an unreasonable level, those are separate considerations under nuisance law.
Under the Easements Act and general tort law, a neighbour cannot claim a right over your wall or window unless they have a specifically established legal easement over it. The fact that the lane is narrow does not give the neighbour authority over your window. If they continue to interfere or threaten to remove your AC unit, I would advise you to send a formal written communication warning them that such interference will amount to criminal trespass and mischief under the BNS.
I hope this helps, and if you have any further issues, do not hesitate to contact us.