• City Survey has not provided entry and exit way to our house.

Dear Sir
This is Pallavi. I resides in Mahal Area which is a very crowded market place in Nagpur. though house does not face shops and streets of market. its not a residencial planned colony. every one has allocated plots and space for it. 
Probelm Area - we also have been allocated plot but to enter inside house and to go out of it we have to go through our neighbors place. its been done since we have shifted to this place which is around 25 years ago. our previous landlord also used to use same way to enter and exit from house. 
Problem Area - now neighbors have started blocking our ways by putting gate and harassing us stating that this place belongs to them and can not be used for our daily usage. we dont have any other way to enter house and exit house. 
so we have filed a case for same as if there is a house there has to be a entry and exit way to it. 
both parties have submitted their house sanctioned plan with city survey but it seems its going to take long time. 
please suggest in this case whom to approach and how to get problem solved.
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

5 Answers

You have to file suit claiming easmentary right of necessity as there is no other access to your house

2) Section 13 of the Indian Easements Act deals with easement of necessity An easement of necessity means an easement without which the property cannot be used at all. Mere convenience is not the test of an easement of necessity. It can be claimed only when there is absolute necessity for it, i.e. when the property cannot be used at all without the easement and not merely where it is necessary for its reasonable, or more convenient enjoyment. A man cannot acquire a right of way as an easement of necessity, if he has any other means of access to his land however more inconvenient it may be than be passing over his neighbours.

3) under section 35 of easement act you can obtain permanent injunction restraining your neighbour from obstructing your right of passage . pending hearing and final disposal of suit you can claim interim reliefs .

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. If a pathway which is private in nature is used as a public thoroughfare then a right of easement is acquired over it and the actual owner can not claim it back even , more so, when it remains the actual road.

2. So you can file a suit for declaration and injunction so the owner can be restrained from putting block to free ingress and eagress of the same

3. So if you want to have peaceful enjoyment of this pathway seeking legal intervention as advised above is the only remedy.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

This is a matter of easement rights for ingress and egress.

You have to have a path way for access to road from your house property which cannot be denied.

You make sure the boundaries of your property in the sale deed and access o road etc as given in the registered sale deed.

Since you have already filed a case before court, you can file an interlocutory application seeking interim relief restraining the neighbors from blocking your way or denying your usage of the common passage or easement rights till the disposal of the suit.

Court case will take time for disposal, one has to endure the same.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1) i have already advised you to file suit to apply for easmentary right of necessity as there are no entry and exit points to your house

2) even if person is corporator he has to follow the law

3) obtain court orders for laying down pipeline as advised earlier

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

can it be possible , city survey can provide houses without entry and exit place. if yes then can we put case against city survey for same. what are the chances of we getting place for entry and exit.

City survey department has nothing to do with the purchase of your property.

You should have noted all the aspects carefully before purchasing the property including accessibility to road and ingress and egress issues.

place belongs to newly appointed corporater so can they take advantages of position they have.

He cannot prevail over the situation, law is equal for all.

4) if we want to move our case faster can we do it.

Every one desire to mover their cases faster, hence can it be possible?

5) corporater is not allowing to put water line for our house as place belongs to him and lot of digging is required for same.

You can apply for water connection fro the corporation authorities who will take care of this issue.

They have to provide you the water supply somehow.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer