Dear Querist
that person has no legal right and nobody can force you to provide pathway to him for walking through property, file a civil suit for injunction against him before the civil court.
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'Right of way' claim
My neighbor, who has an property right next to my boundary wall, is asking me to give up land in my backyard for pathway. However, his property has wide road frontage on one side and all he has to do is construct steps to access his land or make a sloping pathway from where he has road frontage to make it accessible to car. Can he claim easement right of way through my backyard if he already has access to road ? If there is a rightful claim, is it enough that I provide pathway for walking through the property? Also, my property was acquired from the government housing board. Would any easement right apply in such a case?
Asked 7 years ago in Property Law
Religion: Hindu
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5 Answers
1) easmentary right of necessity cannot be claimed if there is alternate approach road available
2) no need to give neighbour access through your back yard
3) in the vent any legal proceedings are taken by the neighbour draw attention of the court to alternate approach road availability
1. No the claim is not rightful since he has alternative pathway.
2. If he persists in his claim then you can file suit for civil injunction.
3. Filing of case u/s 133 crpc is another option.
1. If your neighbour already has access to the road from his property/land then he has no right to claim easement right from through your land.
2. The Govt. Board acquires land and then divides the same in various plots fully taking care of the ingress and egress of the said demarcated plots.
3. If both of you have purchased your plots from the Govt. then your neighbour has no right to ask for claim easement right in your said allotted land.
The access to road from the property would be mentioned in the property document itself.Thus your property document ad his document would contain the necessary details about the easement rights.
If it is not available then the master copy held by the housing board would reveal the road and easement rights details.
After confirming the same, you may decide about leaving the space for ingress and egress purpose or else to approach court to solve this easement rights problem. .
