• Appeal from order 260/2001 by order dt 30/8/2004

sir,
our building is built on land lock property and we have RIGHT OF WAY from adjacent property.
R O WAY agreement with landlord is duly registered and BMC Mumbai gave IOD/CC for our bldg.from adjacent property bldg. but the resident of adjacent building are harassing us by not allowing our vehicle to come in our building.We got order in our favor by appeal from order 260/2001 by order dt 30/8/2004 "restraining the defendant's (adjacent soc residents)from obstructing the original plantiffs (us)right of way of egress and ingress from the property of R O WAY"
Sir  they say egress and ingress does not mean free movement of vehicles.pl guide weather egress and ingress include free movement of our vehicle in our society.they say court has not mention any were in the order to take vehicles and thereby harassing us.    
sir my question is "weather egress and ingress include free movement of vehicle of our society?

regards,
dattaprasad bharne
9224383343/dubharne@gmail.com
Asked in Civil Law from mumbai dahisar, Maharashtra
An ingress/egress easement consists of the right to enter and depart along aright of way over the property of another. Normally you don't have the rightaccess something, or to install or remove something. Utility companies will askfor these so they can intall, maintain, replace and perhaps remove, their equipment that serves your or your and other peoples' property. If you think about it, the postal service has this kind of easement to deliver the mail. It is provided by law. Then there are "prescriptive" easements where someone has used your property in a certain way for so long they may not be able to stop you used your property in a certain way for so long they may not be able to stop you used your property in a certain way for so long they may not be able to stop you
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

3.5 on 5.0

ingress and egress would imply right to entry and exist . if your society is landlocked and only way into your society is through  the adjacent society   entry and exit of vehicles cannot be prohibited . you have mentioned that you have court orders wherein ingress and egress is permitted . if in violation of court orders entry / exit of vehicles is  being prohibited issue legal notice to adjacent society that they are acting in violation of court orders . 

you can also have papers produced in court and your advocate can make application for speaking to the minutes of order .it can be clarified that ingress/egress would include entry and exit of vehicles . if necessary take out another notice of motion in said suit to restrain defendants from obstructing entry / exit of vehicles .
Ajay Sethi
Advocate, Mumbai
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Nothing more to add to what has been stated by learned experts.
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Advocate, Jaipur
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