• Asking Path Rights or realign the property

Hi,

My Father’s Grandma has two daughters; She registered the property to her daughter’s without doing sub-division or family partition. After that I and my Father Mother's sister's grandson got patta based on the usage. Till now am going via his land. our land is behind to their land. so i don’t have any alternative path to connect my land to public path.
Now they are constructing compound wall across their property due to that we are losing our Path to access our property.

My Father has on elder brother currently their property was sold. Same in the opponent side as well.
---------------
| 2B | 3 B |
---------------
| 2A | 3 A |
---------------
| 1A | 1B |
-------------------
Public Road
------------------

Currently, we are going to our property 2B and 3B via 1B,3A
Asked 2 years ago in Property Law from Namakkal, Tamil Nadu
Religion: Hindu

you can claim easmentary right of necessity if there is no other access to your 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.

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
74388 Answers
4450 Consultations

5.0 on 5.0

Well, if you are using the land as the only pathway to reach your property since long then an easementary rights has accrued in your favour.

However the said usage of the land for the only pathway to have access to your land must be for long years and without any interruption

If that is so then file a declaratory suit claiming easementary rights over the said land and injunction against constructions of boundary wall.

Devajyoti Barman
Advocate, Kolkata
19515 Answers
277 Consultations

5.0 on 5.0

Dear Client,

This is the issue of easement - right to way which can not be obstruct but through court only you can secure your way to access your land. Have to file easementory suit if no mutual solution.

Yogendra Singh Rajawat
Advocate, Jaipur
18433 Answers
22 Consultations

4.6 on 5.0

File suit for right of way. If you are using that for many years and if there is no other way to reach your house then court will grant you right of way.

Abhilasha Wanmali
Advocate, Nagpur
897 Answers
1 Consultation

4.8 on 5.0

1) As per Easement Act, they have leave the empty space for road as they could not construct their property.

Ganesh Kadam
Advocate, Pune
9590 Answers
80 Consultations

4.9 on 5.0

such a compound wall cannot be constructed

it will affect your easementary rights

these easement rights are valuable without which you cannot access your property

you will have to file a suit seeking mandatory injunction against the persons constructing the compound wall

you need proper layout plan to show that besides the access from 1B-3B, you do not have any other access to enter/exit into/from your property

Yusuf Rampurawala
Advocate, Mumbai
5105 Answers
31 Consultations

5.0 on 5.0

you can file an suit for easement. so many other remedies are their. detail advice can be given by looking at documents.

Jugal Kishore Agrawal
Advocate, Jaipur
81 Answers

Not rated

1. You have the right to access your land through their property on the basis of easement by necessity.

2. You may file a civil suit to declare your easementary right and seek permanent injunction to restrain them from doing any act which may infringe your easementary right.

Ashish Davessar
Advocate, Jaipur
28564 Answers
835 Consultations

5.0 on 5.0

What is your question?

If your access to road is blocked by the opponent you may file a suit for easement rights.

If there is no other way other than the one what you have been using, you can get a permanent injunction in this connection

Discuss with your advocate and move on.

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

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