• Harassment by neighbor for not letting us to use road attach to my land

Dear Sir / Madam,

My Father bought one land of area 3100 sq. ft. in 2007 in Pune.

But now my neighbour is harassing by encroaching road and threatening my father and our family that he will build wall along my land boundary which leads to block our road but also telling us that he is ready for settlement.
But before that I would like to elaborate the whole situation and history in proper sequence, due to that this situation occurs.
1.	 In 1980, 18 people come together and they buy approximately 1 acre land from one person in order to form co-operative housing society. For that they did proper register sale deed. (I HAVE CERTIFIED COPY OF THAT DEED). The plot is NA plot.
2.	But due to some personal issues between all members, they decided not to register the society, so all 18 founding member decided to divide the 1 acre land into 18 parts and distributes among them. So that each member will get approximately 3000 sq. ft. plot each. 
3.	Plotting is done in such a way that, every plot owner will get 15 ft. road from at least one of its land side, of course some of plot owner get 15 ft. from two adjacent side of their plot.
Each member sign the agreement of plotting of 1 acre land. (Currently I don’t have the copy of that).
4.	Our Plot no is 11, later plot owner (Mrs Rani Pal Singh) sell her plot to one person (Mr Ramesh Argonda) in 1994. And that person (MR. Ramesh Argonda) sell plot no.11 to my father in 2007.
5.	We have issues with plot no. 6 ( he is co-founder member )
6.	Before that I will explain my land boundary
7.	Our land boundaries (plot no 11).
North – plot no 10 (no issues with him)
East – plot 17 / 16 (no issues with him)
South – other land owner plot apart from 18 member. (No issues with him)
West – 15 ft. road and beyond that plot no – 6 (issues with him). 
Road description --- road coming from south to north and ends at our plot (only way to get out for us and plot no 6). (Same road is mention in all previous sale deed of plot no 11).
8.	 In 2005, our previous land owner (Mr Agronda ) plot no 11 and owner of plot no 6 decided to build a combine gate on road so that both (plot no 11 , plot no 6) will use that road, there is no agreement between plot no 11 and plot no 6 regarding gate. There is no Municipal corporation road between plot no 11 and plot no 6.
9.	But issue arise now, after plot no 6 owner dies and his son (age 52) is telling us that road is come under his property and you have to compromise (demand for money / or encroaching) to use that road. He also not showing his sale deed.

Kindly provide me legal help 

With regard,
Dattatreya Nikam,
Pune Maharashtra.
Asked 6 years ago in Property Law
Religion: Hindu

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10 Answers

your neighbour cannot block your access to your plot

2)you can claim easmentary right of necessity as there is no other access to your house

3) 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.

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

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. When there is dispute as regards the boundary or measurement of land it is advisable to resolve the dispute amicably.

2. If the same does not happen then it is advisable to file a civil suit for declaration and injunction.

3. Once you file a civil suit let he court adjudicate the dispute so nobody can force you to make compromise.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1. It appears that there is a common road which leads to your plot no. 11 and to plot no.6

2. in that case the road becomes an easement on which no plot owner can have any exclusive right or claim

3. an easement is a right which is essential for enjoying the principal property. for example if there are two adjacent plots and there is only one common road for entry/exit, then such common road has to be enjoyed by both plot owners. no one plot owner can say that the road belongs to him. So a right of way is an easementary right.

4. in your case you can obtain the layout plan of the plot from the revenue office and check what is the status of the road which leads to your plot as well as plot no.6

5. if the road is shown as common for both plots in the layout plan, then owner of plot no.6 cannot claim exclusive right over it and hence the question of settlement does not arise

Yusuf Rampurawala
Advocate, Mumbai
7485 Answers
79 Consultations

5.0 on 5.0

1) issue legal notice to neighbour to permit you access through road

2) if he refuses file suit claiming easmentary right of necessity

3) you cna file police complaint against neighbour but police would direct you to go to court as it is a civil dispute

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Hello,

this is a case which is civil in nature and therefore you will have to file a suit in the court of law directly.

Before filing the suit you may send a legal notice to your neighbor in order to intimate him about your intention of approaching the court and if he does not refrain from doing illegal act after the notice then you will file the case

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

You will have to approach the court with documents showing your title on the property.

With some photographs showing that he is encroaching upon the easementary rights.

Rest you will have to make averments in writing with supporting documents (if any).

Get in touch with a local lawyer at the earliest.

regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

This is my advise to you:

1. First make sure you have all the property documents relating to your land and they demarcate your correct area;

2. You can approach the collector, tehsildar (signed by them) stating they are authentic copies or certified copies and avail your documents from them;

3. You can also find the relevant documents related to you on this website: https://mahabhulekh.maharashtra.gov.in/ ;

4. Make an official complaint to the police in writing, and ask them to lodge an FIR and if they refuse, ask them to write in writing the refusal to accept the reason for not lodging the case;

5. You can lodge an FIR under many sections of the IPC, under sections 34, 120B, 403, 405, 406, 415, 418, 420, and 425 of the Indian Penal Code, 1860;

6. Click photographs of all the encroachments done on your land;

7. You can send him a legal notice drafted by a lawyer to vacate your premises or face legal action;

8. If he still does not remove his illegal construction file a suit in court for wrongful encroachment on your property;

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. your agreement, the layout plan obtained from revenue office, legal notice issued to plot owner no.6

2. you can issue him a legal notice since he is not acceding to your verbal requests

3. police does not have. but the local body like municipal corporation does have

4. unfortunately there is no way out except resolving the issue through court

i fail to understand how owner of plot no.6 can say that you can use only a portion of the common road and rest is his private property!

show him the certified copy of layout plan you obtained from the revenue office. tell him that in the layout the road is shown as a common road for both plot nos. 6 and 11

ask him what document he has to substantiate his claim that he can use balance road for his private use

you can issue a legal notice if he does not relents after all attempts. mark this legal notice to police also. just for record. you can state in legal notice that plot owner no.6 has committed criminal offences of illegally restraining you from using the common approach road. this will somehow give it a criminal angle.

Yusuf Rampurawala
Advocate, Mumbai
7485 Answers
79 Consultations

5.0 on 5.0

If the road access is through plo9tNo.6 and the same finds a mention in your vendor's sale deed as well as your sale deed, you may first issue a legal notice to him to refrain him from obstructing your pathway or easement rights.

If he is not listening or complying to the demand made, you may file a suit for easement rights and also mandatory injunction restraining him from obstructing your path way and access to road.

If possible for an amicable settlement, you get the same reduced to writing and get the agreement registered so that there arises no dispute or litigation in the future in this regard.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. You can file the photo copies of all the documents that you rely upon for this.

2. The police may not entertain the civil matter hence there is no option than to approach civil court.

3. No.

4. Either compromise on terms with the disputing party or approach civil court for solution, relief and permanent remedy.

Any other step than this may not fetch you the desired fruit.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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