• Illegally constructed wall in a public path by a neighbor

Fellow Lawyers,

I need your suggestion to find the best possible way to legally break an illegally constructed wall adjacent to our house and on our path which was also publicly accessible few months back when one of our neighbors constructed the wall as they have the documents which prove that piece of land belongs to them. Also true is the matter that 5 other families have been using that path for more than 50 years. This wall was constructed in August last year even though it was only a path as per what i know since my birth(1984) and my father also confirms the same(father DOY - 1954). Please let me know what are the best possible legal ways to break this wall to start using the path again and also let me know the minimum no of months/years this process can take to complete. The matter is based in Cuttack, Odisha.

Asked 7 years ago in Civil Law

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2 Answers

you can claim easmentary right of prescription as you have enjoyed access to pathway for 50 years

2)to break the wall you need court orders

3) you have to prove access to pathway for over 20 years .

4) you have to plead easmentary right of prescription that pathway was being accessed by 5 families as claimed by you

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

You can file a suit seeking easement rights for ingress and egress to your property from rod.

If this is the only access pathway to road from your property, then you can file a suit for suit seeking the relief of easement rights.

Even if he has a document mentioning that the said property belong to him, he cannot obstruct your pathway especially if it was being used for several years till this date.You can seek to remove the obstruction in the pathway in the same suit by filing another application to that effect.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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