• Road access

Hi I have property behind another person private property and I do not have any road access to my property unless the front land owner allow me to access his road in his property. 

Can you please suggest what would be the best approach for getting access to my property?

Thanks
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

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
87932 Answers
6207 Consultations

5.0 on 5.0

I have come across many cases like this. Send a legal notice to the owner of the front portion to give you easementary rights to the premises you own and in case no favourable outcome then in that case file a petition in the civil court.

All legal action can only be taken once notice has been served upon the entity or individual you wish to take to court. It is only this process that legalises bringing a matter to court. The intimation sent is known as a legal notice. A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention prior to the legal proceedings and thus, makes the party aware of your grievance. Many a times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides. And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law. Although a legal notice can service as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.

It is bit strange that you did not assess this situation before taking the ownership of the suit premises.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, New Delhi
312 Answers
5 Consultations

4.0 on 5.0

The fast approach is to settle amicable with the land owner if the land owner doesnot agree than file.a suit for easement of necessity under Easement act as your plot cannot be enjoyed without the way.

Also before filing seek the revenue record and seek if the revenue map shows any road or way of yes than claim same of not file for your easement for way.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

There are so many alternatives. You can purchase a small portion from your neighbor. If he is not agreeing then claim as easementary right saying that there was time immemorial track path etc., You cannot create something with the help of Civil Court and appointing a Court Commissioner. Get some two three witnesses. It is enough.

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The Indian Easements Act, 1882

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4 "Easement" defined. -An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own. Dominant and servient heritages and owners. -The land for the beneficial enjoyment of which the right exists is called the dominant heritage, and the owner or occupier thereof the dominant owner; the land on which the liability is imposed is called the servient heritage, and the owner or occupier thereof the servient owner. Explanation. -In the first and second clauses of this section, the expression "land" includes also things permanently attached to the earth; the expression "beneficial enjoyment" includes also possible convenience, remote advantage, and even a mere amenity; and the expression "to do something" includes removal and appropriation by the dominant owner, for the beneficial enjoyment of the dominant heritage, of any part of the soil of the servient heritage, or anything growing or subsisting thereon. Illustrations

(a) A, as the owner of a certain house, has a right of way thither over his neighbour B's land for purposes connected with the beneficial enjoyment of the house. This is an easement.

(b) A, as the owner of a certain house, has the right to go on his neighbour B 's land, and to take water for the purposes of his household, out of a spring therein. This is an easement.

(c) A, as the owner of a certain house, has the right to conduct water from B 's stream to supply the fountains in the garden attached to the house. This is an easement.

(d) A, as the owner of a certain house and farm, has the right to graze a certain number of his own cattle on B 's field, or to take, for the purpose of being used in the house, by himself, his family, guests, lodgers and servants, water or fish out of C 's tank, or timber out of D 's wood, or to use, for the purpose of manuring his land, the leaves which have fallen from the trees in E 's land. These are easements.

(e) A dedicates to the public the right to occupy the surface of certain land for the purpose of passing and re-passing. This right is not an easement.

(f) A is bound to cleanse a water course running through his land and keep it free from obstruction for the benefit of B, a lower riparian owner. This is not an easement.

5 Continuous and discontinuous, apparent and non-apparent, easements. -Easements are either continuous or discontinuous, apparent or non-apparent. A continuous easement is one whose enjoyment is, or may be, continual without the act of man. A discontinuous easement is one that needs the act of man for its enjoyment. An apparent easement is one the existence of which is shown by some permanent sign which, upon careful inspection by a competent person, would be visible to him. A non-apparent easement is one that has no such sign. Illustrations

(a) A right annexed to B' s house to receive light by the windows without obstruction by his neighbour A. This is a continuous easement.

(b) A right of way annexed to A 's house over B 's land. This is a discontinuous easement.

(c) Rights annexed to A 's land to lead water thither across B 's land by an aqueduct and to draw off water thence by a drain. The drain would be discovered upon careful inspection by a person conversant with such matters. These are apparent easements.

(d) A right annexed to A 's house to prevent B from building on his own land. This is a non-apparent easement.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hi,

The first action is the negotiation with the person and if not settled, approach local authority/panchayat.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

No, if there was no road access to this property the owner of the land may not be forced to provide access from his property under law of easement .

Instead you may discuss the situation amicably and surrender your land to get access in proportion if that is a possibility.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Dear Cleint

Apply for right to way - Easement Right through court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

When did you purchase this property?

Did you not inspect the property before buying it?

Did you not obtain legal opinion from any lawyer before purchasing it?

Did you not notice this lacuna at the time of purchase?

You confirm from the recital of the registered sale deed about the road access issue.

You can explore the possibility for suit for easement rights

Consult a lawyer in the local for further issues.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Dear Sir

First want to know where is the property situated ?. if you can give us some documents of village map and other documents we will find a way to get the way to your land.

Feel free to reach to get the way to your property.

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

Claim easementary right to way to your land by necessity through your neighbors land.

Claim your right under section 13 of the Indian Easements Act.

Contact a local Lawyer so that he may help you with the appropriate case which you need to file in the present matter.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello,

File a suit in the civil court in order to claim the easementary rights

that is the only way for you to get the accees

contact a local lawyer who may file and fight the case for you

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. EITHER mutually settle with the neighbour to give you right of access (for a cost) and execute a proper agreement for the same.

2. OR file a civil case for Easement Right, thru his land, to your land, supported with the documents and maps of the land.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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