Neighbor demanding path in the middle of farm
We have a piece of land in kerala which is about 20 cents and surrounded by houses. We have not built any fence around the property. Our neighbors have been walking through our land to reach their houses and now have started taking vehicles. We have decided to build a fence around the property and also provided 4feet path at one of the boundaries for providing passage to the neighbor as they do not have any other access. But they are now threatening to get stay order against us to construct fence demanding 9ft passage right in the middle of our farm. We have even offered to sell the 9feet property at the boundary of our property so that we can build a fence of the remaining portion. What should my course of action be in this situation.
Asked in Property Law from Thrissur, Kerala
According to Section 79A of Kerala Land Reforms Act, if any person has been using the way continuously for a period of more than 20 years then he can claim right of easement in the property.
But there should be a public road and the person claiming easement is require to prove that he has no other alternative way to access that public road. If there is any alternative way to access that public road or he has been enjoying easement for less than 20 years then he can't claim. he does nor accrue any right of way on the basis of an easement of necessity.
1) since your neighbors have no right to access their land except through your land they have easemtary right of way through your land .
2)it is not necessary to give neighbors 9 feet access . you have given them 4 feet acess through your land
3) let them move court if they so desire .
4) law only requires you to grant right of way . they cannot demand it should be through middle of your farm
Dear Sirs, I have not received any legal notice yet, but they have threatened the contractor that they will not allow him to do his work of building a fence.Is it possible to do such nuisance even after providing the necessary 4feet passage access for them.The only point they are making is that 4feet is not sufficient for taking their car through. We have even offered to sell the 9ft land at the boundary. They are only creating disrepute to our family by spreading unnecessary rumor and threatening to bring police to stop us from fencing the property. Can I pro actively get some relief in such a situation. What should I do if at all they send me a notice. Should I stop building a fence, just because there is a notice issued?
Asked 2 years ago
1) instead of 4 feet path provide larger area so that cars can pass through
2) Neighbours can't demand pathway in middle of the farm
3)don't fence entire farm area. If legal notice issued contact a local lawyer and reply to legal notice
4) court won't grant stay if convinced that you have provided right of way to. Neighbours
you should file a suit for temporary injunction in civil court. make him an opposite party. he has no right to interfere in your property. according to law of easement right to way is limited right because its implementation depends upon fulfillment of certain conditions.
you should show before the court that you may face irreparable loss if opponent's claim is accepted by the court, his act is directly attack upon your land and you have been precluded by him from full enjoyment of immovable property.
Order 39, Rule l(c) of the c.p.c. provides temporary injunction; get temporary injunction order, in general "stay order" and prevent every person to interfere in your property, you will easily get stay because balance of convenience in your favour and start construction on the land immediately he can't do anything.
1. It is your right to fence your property, whereas it is the right of your neighbours to use your path to access their property.
2. If the 4 feet path provided by you is sufficient for the vehicles to pass then you do not have to accede to the demand of providing a bigger path. He cannot dictate what the magnitude of the path should be.
3. Let your neighbour go to court if he decides to. You will be given sufficient opportunity to rebut his case by the court.
1. Police cannot stop you from fencing, only a stay order from the court can stop the fencing work.
2. If a legal notice is issued to you then engage a lawyer and he will reply to it.
3. Unless a stay order is passed by the court you do not have to stop fencing.
1. The law permit them ingress and outgress in connection with the houses of your neighbours,
2. Similarly, you also have right to live in the property you have purchased,
3. You construct your boundary wall leaving 4 ft. path towards their ingress and outgress,
4. You are free to act till restrained by Court and you shall have ample opportunity to tender your argument before the court.
1. Lodge a police complaint alleging that they are threatening you for carrying our construction at your land which they want to grab illegally,
2. File an application praying for order u/s144 to ensure that they are restrained from threatening you and your contractor by coming to your land,
3. If they file any case, contest it fittingly.