• Regarding pathway of 8 feet wide from purchased land

I have purchased a land in which there is no pathway. A neighbour live behind the purchased land. There is no Government/Panchayat record of pathway from purchased land but the neighbour who live the behind purchased land claim for pathway 8 feet wide from purchased land. The neighbour appeal in court for pathway. What the chances for pathway ? Is there any law for giving the pathway of 8 feet wide from purchased land ?
Asked 8 years ago in Civil Law

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4 Answers

Neighbour can claim Easmentary right of necessity as there is no other access to his land

2) 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.

Ajay Sethi
Advocate, Mumbai
99865 Answers
8148 Consultations

1. If there is no pathway for the neighbour to access his land then he has an easementary right over your land i.e the right to use your land to access his land.

2. If the suit has been filed against you then contest it.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

What is your registered sale deed say about this.?

What is the basis that the neighbor approached court seeking the easement rights or pathway?

Without knowing the contents of the registered sale deed in yor favor, any opinion given in this regard may be misguiding.

You may have a second opinion from a different lawyer in the local by producing the relevant documents before him/her.

T Kalaiselvan
Advocate, Vellore
90067 Answers
2499 Consultations

No if there is no pathway in the master plan then the same can not be given by the court.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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