• Regarding agriculture path

I have agriculture land at villlage Ottu Teh Rania Distt Sirsa Haryana Pin-125055, I have 4 acre piece of land. My land is not connected to any path. It is cultivated by a approach path which is owned by my uncle and some other man. They generally challenge to cross the path. But that path is 35 year old running path.is there any revenue rule that i can get authority to use this existing path.  Or give any legal solution. I want to get connect this path with my land. Which is 18 karam away from my land. If this path is connected to my land it has to cross from my uncle land ie 18 karam distance
Asked 2 years ago in Property Law from Sirsa, Haryana
1)it is your case that for 35 years that you are using existing path to access your agricultural land . 

2) your uncle cannot now restrain you from using the said path 

3) in the event your uncle refuses to permit you to enjoy right of passage you will have to move court make uncle and other co owners party to the suit .

4) you will have to seek permanent injunction restraining a permanent injunction restraining the defendants from interfering with your  use and enjoyment of the `right of passage' over the suit property
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
Hi
 1. Your Uncle has refrained you from your easement right as the right to use a path to your property is just like any other rights of light and air.
2. This is the only one connecting path to your property hence it is your right to use the same path
2. Your option is to file an injunction suit  demanding your easement right which is unlawfully infringed.
3. You should request the court  to appoint an advocate commission to get the facts reported.
4. You can get a permanent  injunction against the uncle and his accomplice and for immediate relief seek an interim injunction till the final order and disposal of the suit.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hello,
1) The approach road that you have been using for the past 35 years  now forms your easement rights that cannot be challenged by anyone especially when you have no other means to enter it.
2) Therefore if your uncle or anyone else is preventing you from getting such access to your property by the use of the said road their act is infringement upon your easement rights.
3) You can file a complaint with the local police and see if the police can broker a settlement in the matter. If that does not help you will need to approach the civil court for a remedy.
4) You can file a suit seeking permanent injunction against your uncle or anyone by which the court will restrain them from preventing your uninterrupted use of the path.
5) Engage a lawyer in your locality to assist you with the required steps.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1)as mentioned earlier you have easement right of passage over the existing path which has been enjoyed by you for 35 years 
2) under indian easement act 1882 you have right of passage over the existing path to access your land . 

3)under section 15 of indian easement act  you can claim such right by prescription as it has been enjoyed by you over 20 years 

4) you can obtain permanent injunction restraining your uncle and other person from obstructing your right of passage . pending hearing and final disposal of suit you can claim interim reliefs .
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
1. You have right to access your agricultural land as per law which you are using for 35 years,

2. File a police complaint if you are restrained from accessing your land,

3. Simultaneously file an application under Order 39 Rule 1 & 2 praying for permanent injunction upon your uncle to restrain you from accessing your land.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. As informed earlier you are entitled to access to your land as per Indian Easement Act 1882 through others land if there is no other way,

2. This easment is through passage and you can not demand that the 99 ft. path is to be cut from the agriculture land of one of the party(your uncle).

3. You will be entitled to access to your land to and from the existing path through passage crossing over other's land if there is no passage left before you for the said purpose,
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. You have been using the path for 35 years without an interruption. So you cannot now be restrained from using it.

2. The path leads to the agricultural land of which you are the owner, in view whereof you have the right to access the land through the passage.

3. The ownership of the path may belong to your uncle, but he cannot under the guise of his ownership rights abrogate your right to access the path.

4. If your uncle stops you from using the path then you would be required to file a lawsuit for injunction to seek permanent access to the path by using the passage owned by your uncle.

.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. Your easementary rights cannot be abolished by your uncle under the guise of his ownership rights.

2. As mentioned earlier. in the event your uncle restrains you from making use of the passage to access your land then you can file a suit for injunction against him in the court of civil judge. Your suit would take time to be decided by the court, but in the meanwhile you can seek interim stay.

3. The continuous use of the path for 35 years entitles you to use the path further
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1)you can access your land through your uncle land . 

2) if your land is 99 feet  away from existing path you have right of passage through uncle land to access your agricultural land 

3)best solution would be to arrive at an amicable settlement with your uncle

4) if it is not possible move court for necessary reliefs as advised earlier
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
i have already answered your query . if you do not have access to your land except through agricultural land belonging to your uncle you have right of access to your land through your uncle agricultural land .
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
As mentioned earlier, if excepting your uncle's agricultural land you do not have any way of approaching your land then you can use uncle's land to access your land.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
You can file a civil suit under section 9 of CPC in the court of District Civil Judge for seeking permanent injunction against your uncle.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1) section 4 of Indian easement act defines easement 

2) ‘Easement’ defined. -An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of certain other land not his own,
 
3) Dominant and servient heritages and owners.--The land for the beneficial enjoyment of which the right exists is called the dominant heritage, and the owner or occupier thereof the dominant owner; the land on which the liability is imposed is called the servient heritage, and the owner or occupier thereof the servient owner.

   A, as the owner of a certain house, has a right of way thither over his neighbour B’s land for purposes connected with the beneficial enjoyment of the house.  This is an easement.


4) section 15 of Easement act 
And where support from one person’s land or things affixed thereto, has been peaceably, received by another person’s land subjected to artificial pressure, or by things affixed thereto, as an easement, without interruption, and for twenty years,
 
And where a right of way or any other easement has been peaceably and openly enjoyed by any person claiming title thereto, as an easement and as of right, without interruption, and for twenty years,
 
The right, to such access and use of light or air, support, or other easement, shall be absolute.
 
Each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution of the suit wherein the claim to which such period relates is contested.


5) since you have enjoyed right to use existing path for over 35 years you can benefit of right  of passage under section 15 of easement act
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
1)  under section 32 of easement act you have Right to enjoyment without disturbance. -The owner or occupier of the dominant heritage is entitled to enjoy the easement without disturbance by any other person.

2) under section 35 of easement act injunction can be granted restraining disturbance of the easement
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
32.      Right to enjoyment without disturbance. -The owner or occupier of the dominant heritage is entitled to enjoy the easement without disturbance by any other person.
Illustration

 A, as owner of a house, has a right of way over B’s land.  C unlawfully enters on B’s land and obstructs A in his right of way.  A may use C for compensation, not for the entry, but for the obstruction.

 33.      Suit for disturbance of easement. -The owner of any interest in the dominant heritage, or the occupier of such heritage, may institute a suit for compensation for the disturbance of the easement or of any right accessory thereto: provided that the disturbance has actually caused substantial damage to the plaintiff.

 Explanation I-The doing of any act likely to injure the plaintiff by affecting the evidence of the easement, or by materially diminishing the value of the dominant heritage, is substantial damage within the meaning of this section and Section 34.

 Explanation II. -Where the easement disturbed is a right to the free passage of light passing to the openings in a house, no damage is substantial within the meaning of this section unless it falls within the first Explanation, or interferes materially with the physical comfort of the plaintiff, or prevents him from carrying on his accustomed business in the dominant heritage as beneficially as he had done previous to instituting the suit,

 Explanation III. -Where the easement disturbed is a right to the free passage of light to the openings in a house, damage is substantial within the meaning of this section if it interferes materially with the physical comfort of the plaintiff, though it is not injurious to his health.

 Illustrations

(a)      A places a permanent obstruction in a path over which B, as tenant of C’s house, has a right of way.  This is substantial damage to C, for it may affect the evidence of his reversionary right to the easement.

(b)      A, as owner of a house, has a right to walk along one side of B’s house.  B builds a verandah overhanging the way about ten feet from the ground and so as not to occasion any inconvenience to foot passengers using the way.  This is not substantial damage to A.


The continuous enjoyment of the passage entitles you to use it without hindrance now. The proper remedy is to seek injunction.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. You are already accessing your land by crossing over your uncles and other's land for last 25 years,

2. You can still use the said passage as per law,

3. If you are restrained, file a suit praying for permanent injunction restraining your uncle from obstructing your access to your land through his land as advise earlier.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. You have the legal right to acess to your land as per Secttion 32 of  Indian Easement Act 1882,

2. Engage a local lawyer if amicable settlement with your Uncle is not possible.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1) you will have to move civil court in this regard .seeking to pass a decree by declaring the plaintiff's easementary right over the suit property/cart track by necessity and prescription, to grant consequential permanent injunction against the defendants from disturbing the plaintiff's peaceful enjoyment and use of the suit cart track and to direct the defendants to demolish and remove the obstructions in the cart track . in the plaint plan within the time stipulated by the court.


 2) in said suit seek appointment of commissioner who will carry out survey and submit his report whether there are any clear traces of cattle and vehicles passing through the suit track to reach and return back from the land of the plaintiffs.

3) you  will entitled to the relief since they have been using the suit cart track by way of necessity for over twenty years peacefully, openly and without any interruption well known to the knowledge of the defendants.

4 ) the defendants cannot claim any money or land for usage of the path by you 

5) court will grant you permanent injunction restraining defendants from obstructing your right of passage
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
1. DC has no authority of law to confer easementary right on a person. Rather, easementary rights are not given by any one.  An easement is a right which the owner of a property has to compel the owner of another property to permit something to be done, or to refrain from doing something on the survient element for the benefit of the dominant tenement. 

2. You have only one legal remedy available to you i.e to file a suit to seek injunction against your uncle on the basis of your easementary right. Any obstructions created in the  survient tenement i.e your uncle's land can be ordered to be demolished by the court. 

3. The court can order your uncle to not to restrain you from passing through his land.

4. Your uncle or any one else who owns the land which you use to access your land cannot seek money in lieu of allowing you to pass from his land. Easementary right cannot be made contingent on the payment of money.

5. Your easementary right will be protected through an injunction by the court.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. No. DC of the District has no authority to pass order in this matter. You shall have to file a declaratory suit praying for declaration that you have the easement right for accessing your field from the path through other's land with your tractor directing  others to refrain from restraining your such access and injucting upon them in making any obstruction on the said passage to your said access,

2. In the said petition you can pray for appointment of Court Commissioner to make and survey about the space left for accessing your field through tractor and submit the report. If it is found that inadequete space has been left for taking your tractor to your field, then you can pray for direction to widen the passage to accomodate passing of your tractor,

3. You can subsequently pray for permanent injunction any obstruction to your said free access,

4. The owners of the land can not claim any consideration from you for allowing you your easement right,

5. After getting report submitted by the survey commissioner, the Court will pass order upon them, against your application/prayer to widen the passage and you can file a execution petition for carrying out the said order. if they refuse to comply with the order, court will issue appropriate order against them.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1) you have to engage a local lawyer . pay his legal fees and file suit for reliefs mentioned herein above 

2) we dont provide drafts of suits to be filed by you .
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
1. We have given you detailed guidelines about  your legal do's and don'ts,

2. You shall have to engage a local lawyer to draft your application/plaint as per our given guidance,

3. Engage a lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0

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