• Width of easement right of way

Our house is situated about 50m from the main road and we have only 6feet width of approach road. The plots in between have encroached the approach which have reduced it's width. What can I legally do to widen our road to a minimum of 8 feet
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

1) file suit and claim easmentary right of necessity

2) mention there is no other approach road to your property

3) seek orders for removal of encroachment on approach road by neighbouring plot owners

4) mention that on account of encroachment your car cannot pass through

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

1. In these circumstances you may file a suit for declaration of easementary right of necessity on the ground that there is no alternative path to access your property.

2. You should also seek mandatory injunction to remove the encroachments so made as they hinder your right to easement.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

You can complain it to the municipal authority of they have encroached upon the service road

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

Move a complaint before the concerned Civic Authority within which your house falls. It could be the Municipality or the Development Authority, as the case may be. Send them a detained complaint together with photos. Ask them to forthwith remove the encroachments from public way. You could also seek relevant information under the RTI Act. If the problem still persists and the Authorities fail to take any action, challenge their inaction in a public interest litigation or otherwise before the High Court.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Hello,

Please see the width of road in the master plan, you can not it increase it beyond the limit as mentioned in the master plan.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

If your access to road is blocked or your Ingres and egress rights or easement rights are infringed, you may approach court with a suit for easement rights and permanent injunction.

You can file an application for appointing an advocate commissioner for inspection, measurement of encroachment etc.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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