you can claim easmentary right of prescription as you have been using said pathway for over 30 years

2) if you are using this pathway more than 20 years then you can claim Easement by prescription. To claim relief on the strength of easement by way of prescription, it must be shown that the person claiming it has been using a defined pathway for the statutory period of 20 years as of right, peaceably, continuously, openly

3)under section 35 of easement act you can obtain permanent injunction restraining your neighbour from obstructing your right of passage

1. The Shebait of the Debutter trust does not enjoy any special power to enjoy the land.

2. So if you are enjoying the piece of land as your only approach road for such a long time they you have acquired easementary rights over this land and the trust ca no more restrict you from using this as your passage way.

3. However please note that to claim easementary right over this piece of land you will have establish that there is no other land available to use as your passage way and this is only way for entry and exit.

4. If so then you can file a suit for declaration and injunction to retain your rights without any hindrance,

Have the trust people objected to your usage of this pathway?

If so, first file a caveat petition and after that you may file a mandatory injunction suit to restrain them from objecting you to use this passage and also for easement rights.

If that is the only approach and access way for your property from road, then you may claim easement rights over it especially on the basis of your long usage.

You should prove the same with some documentary evidences for establishing this usage.

Dear Client,

Right to way is easementary right.

Easement - a right to cross or otherwise use someone else's land for a specified purpose.

U can protect your right by court order under THE INDIAN EASEMENTS ACT, 1882

If it's a private property then you can be stopped but still you can approach court for remedy.

No now since you are using it from last three years uninterruptedly this has become your easementary right to use same for way.

If they take any step against stopping you, you can file a suit under Easement act for establishing your right.

Hi,

You may approach SDM office of your area regarding this with proper complaint.

Hello,

No he cannot debar you from using the land if you are using the same piece of land for more than 20 years peacefully. You can file a suit for injunction .

Hope this helps.

Regards.

Dear,

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.

So in your problem you are using this land for more than 30 years. Trust can not stop you for using the land.

If this debottar land is the only way to your house, you can file case under Indian easement act for getting a way for ingress and egress.

hello,

They can not stop you.;

If they do so then file a case in the civil court in order to claim your easementary rights.

contact a local lawyer for the same.

regards