• Road for the property

Hi there,

We are resident at the land owned by my father.Now the property is being blocked on three sides and there is no access for four wheeler.Road is available on one side of the property and distance between our property and the road is around 7 to 10 feet. We are now being blocked on all sides with no access, we did try to negotiate with the owners around us,but that was futile.

Is there any law,section that would help me with the problem.

Thanks
Asked 8 years ago in Property Law
Religion: Hindu

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5 Answers

1. the owners around 3 sides have got every to build their houses and you have no legal right to restrain them.

2. At the time of purchasing the proeprty one is expected to be due diligent as regards everything including the access road.

3. Now as you says there is only one approach way, you can use the same and if it is public thoroughfare or a common space then no one can block it anymore.

4. However if you had any easementary rights over other sides out of ling usage as rad then you could have restrained them from blocking the passage but since they have raised constructions now nothing could be done anymore.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You can claim easmentaryright of necessity

2) since there is no motorable road to your property you can file suit and claim easmentary right of necessity

3)seek injunction restraining neighbours from blocking your access to the road

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

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.

2) you can claim easmentary right of necessity as there is no other way to reach your house

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
99775 Answers
8145 Consultations

The existing pathway an access to road from house property cannot be blocked suddenly by the neighbors.

You can file a suit claiming easement rights

Consult with an advocate in the local.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Property is herited and there is no motor access to the property. Road we were using for motor vehicles for past one year

You must read your title documents in which your rights to access the road from your property would be clearly mentioned, after which you may file the said easement rights suit against the neighbors.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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