Since this is a common way therefore you cannot be stopped from using the same, you can go to the lower court claiming specific injunction on the actions of the opposite party. These are definitely your easementary rights
Regards
Civil dispute
Dear sir, I am having one small house ( schedule A) since 40years. To reach this house I am using 5feet common passage street (Shedule C). To parallel to the small house I am having one more house which is recently (2years) constructed. To reach both the houses I am using schedule C. The common passage schedule C using by my relatives living in 6houses. Now the problem is they are obstructing me go to schedule B by using schedule C and claiming that schedule c is not for schedule B it is only for schedule A and asking me to use another way small door which is back side of the house and it is most inconvenient to enter in my home. Where as the main entrance and convinient way to reach schedule B is schedule C only. This land is in gramakantam. Few years back this common passage is developed with cc road by gram panchayat. I have approached gram panchayat also since opposite people are strong they are not responding properly. Now please suggest me how can I proceed as per law. Weather Easement law is applicable? What is law says in this circumstance?
Asked 8 years ago in Civil Law
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7 Answers
1. You have an easementary right of necessity i.e the right tot use the passage to enter your property.
2. A suit for declaration of easementary right and permanent injunction against the owner of passage C can be filed in the civil court.
1. File a suit for declaration of easementary rights.
2.If C is used for long to reach both A & B proeprty then your relatives can not stop you from using in the same manner.
3.Try to get master plan of the area from Panchayat office to show its is public raod.It would further strengthen your ca se.
you can claim easmentary right of necessity to access your house B as this common passage has been developed by gram panchayat
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.
3) you can claim easmentary right of necessity as there is no other way to reach your house
4) 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 .
Hii, it is a common passage ( street) maintained by the gram panchayat .. It is not a personal passage or property .. You are entitled to use it as per your convinience .. If they tried to obstruct you forcefully , file a police complaint .. If the problem still persists , file a civil suit for permanent injuction restraining them to interfere in your peaceful entrance of your house
Hi
1) In your case, you have the right of access(easement rights) and with this rights you can not only access your house in schedule A property, but can also use the same to access your schedule B house which is parallel to your schedule A house.
2) Also since the cement concrete road has been laid by gram panchayat, the access road is per se now belonging to government and that no person can claim ownership on the same .
3) You are absolutely entitled to access both your properties using the 5feet common passage as the easement rights which was existing and granted to you can be used to access any of your properties(easement is NOT a property specific right) and also given that Gram panchayat has laid a CC road on the same and hence the access is now a public property.
4) you can always get a master road plan from gram panchayat(this should be there by default as government monies have been used to lay road) and if you are facing resistance, you can apply to district collector and obtain the same under Right to information act.
Hope this information is useful.
You have to go through the contents of the title document as to whether it prescribes the easement rights for the B schedule property through the existing common pathway, if not then the neighbors objections are legally valid even though both the properties belong to you and you may be using it as a single unit.
You can consult a local advocate be producing the relevant documents/papers and seek his opinion in person for more clarity.
