• Private path and right

There is a private path adjacent to our plot. The same is being used by 3 families who had bought the land from the original owner of the plot(Inclusive of path). The said 3 families are having only the right to use the path as the ownership still with the original owner. The successors of the Original owner are ready to give the right to use the path for us also. 
1) Does the 3 families have any right to obstruct the same. 
2) Is their (3 families) permission required for the same. 
3) Does the 3 families have any right to approach the court to deny us from getting the right.
4) What should be the legal procedure for getting the right to use the pathway for our use?
Asked 2 years ago in Property Law from Kochi, Kerala
1. You have stated "The same is being used by 3 families who had bought the land from the original owner of the plot(Inclusive of path)",

2. You have again stated " The said 3 families are having only the right to use the path as the ownership still with the original owner",

3. These two statements are contrdictory,

4. However, if you do not have any other access to your plot then the owners of the land constituting the said path can not restrain you from using it,

5. If there is other path to access to your plot then the owner of the private path can restrict you from using the same.
Krishna Kishore Ganguly
Advocate, Kolkata
13151 Answers
280 Consultations
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1. The right of user over a plot of land for the purpose of pathway , more so, if there is no other alternative is called easementary rights.
2. The easementray or cusotmary rights is accrued to the users over uninterrupted use of the and for years together in which the land owner loses any right as far as putting obstruction is concerned.

3. So forget the landowner. Even if he raises objection, you can use the pathway if the same is transferred to you or their objection is waived by passive permission.

4.If the existing users are ready to allow you to use the same then you can get their express permission over a piece of paper.
Devajyoti Barman
Advocate, Kolkata
6421 Answers
71 Consultations
4.9 on 5.0
Hello,
1) The three families have no right to obstruct the way. They have only the right to use under easement rights.

2) Is this the only way to your property? You don't need the permission of the other families as you too have the the right to way.
3) The three families have no right to approach the court to deny the right of way to you.
4) In case someone obstructs your right to way, you can approach the court for the easement right provided you have no other way to your property.
S J Mathew
Advocate, Mumbai
1980 Answers
75 Consultations
5.0 on 5.0
1)you have right to sue private path if that is the only access to your plot . 

2) the 3 families have no right to obstruct your usage of the path . 

3) you dont need 3 families permission for right of usage 

4) the 3 families have no right to move court to deny you right for usage of path 

5)obtain written permission from legal heirs of original owner to use the path to access your plot
Ajay Sethi
Advocate, Mumbai
25965 Answers
1414 Consultations
5.0 on 5.0
If the ownership is still with the original owner then the successors of the Original owner has every right to grant easementary right to you. The 3 families have no right to obstruct the same. Their permission is not required for granting the same .Sec 32 of the Indian easement act provide them Right to enjoyment with out disturbance .So they can sue for compensation, not for the entry but for obstruction.

If this is the only way to your plot you can file case under Indian easement act for getting a way for ingress and egress.
Ajay N S
Advocate, Ernakulam
1986 Answers
23 Consultations
5.0 on 5.0
1. You have stated that the 3 families have purchased the land from the original owner, whereas subsequently you have stated that the ownership is still with the original owner. If the land has been bought by the 3 families how has the ownership not transferred to them.

2. The 3 families who do not own the said path cannot stop you from using it. Only the successors of the owner of the path can restrain you from using it. 

3. You have the right to use the path to access your property only if there is no alternative path wherefrom you can access it.

4. To restrain you from accessing your property through the said path the successors of the original owner would need court orders.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
A. Since the ownership is with the original owner or legal heirs of the owners can be transfer or release the right in favor of you to establish the perpetual right over the path.

B. The 3 families have no right to disturb you to use the path. However, you cannot interfere with enjoyment of the path who is used by the 3 families subject to long possession without interference and they have a right to use and can approach the court by claiming the law of adverse possession subject to the establishment of more than 12 years' possession and needs to produce supportive documents.

C. If you want to use the disputed path, you can acquire the land from the original owner by entering into Sale deed or relinquishment deed.
B.T. Ravi
Advocate, Bangalore
743 Answers
34 Consultations
5.0 on 5.0

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