• Road to reach own land from neibours land.

I own a land which is located at a distance of 100 meters from village road. In between my land and road a neibours land is there. There is no direct approach road to reach my land, I have to walk only through neibours land. He permit to use his land for walk but don't allow to use vehicle. I requested him for road and against that i am ready to transfer equal land from my area but he is not agree. I requested to pay for the cost of land required for road at market rate but he is not ready. 
Please guide me how I can get right approach road to myland
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

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

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

4) you are entitled to use your vehicle to access your land

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

Hi. It is advisable to file a application before district magistrate ...

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Dear Client,

This is a matter of easement, right to path, you can get the transport permission through court order. In general he has absolute right to allow use of his land according to his choice. You can also request the collector office in this regard.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Claim your easementary rights to access this land.

Since you do not have any access to your land, you can use your neighbour's property to access your land. This is precisely what is meant by easementary rights.

Move under sec. 15 of the Easement Act.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. You are using this land on the basis of his permission only and which must be from a very recent time.

2. if that is so then there is no easementary rights accrued on your behalf.

3. On the contrary you are now permissive occupier and hence you can not claim any better titile unless another 13 years passes.

4. SO to get such rights you will have to wait for expiry of 13 years or get that portion transferred in your name.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear Sir,

You make use of following settled law of the land as pronounced by Hon’ble Supreme Court of India, various High Courts and circulars of the State govt

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Understand Your Easement Rights on Your Property

ust because your name is on title of the new home you’ve purchased doesn’t necessarily mean that no one else has any legal right to a portion of your lot. It’s called an easement, and it can give your neighbors and other entities a right to access a certain part of your land in some circumstances.

Imagine making one last visit to a home you’ve just agreed to purchase, only to see the neighbor in the back cutting through your driveway to get access to the road. While you may initially assume the person is trespassing, he may actually have the right to cut through if an easement exists.

Before you agree to buy a home, it’s in your best interests to find out if there are easements on the property (which there most likely are), and understand all there is to know about them.

What Exactly is an Easement, Anyway?

Simply put, an easement is a legal right given to cross or use another person’s land for a specific purpose. The key here is the “specific purpose,” which needs to be defined in detail. That means that your neighbor can’t arbitrarily put his patio furniture or start a vegetable garden on your land. The easement doesn’t give a person the right to possession; instead, it only gives the right to use it for specified intentions.

Stated otherwise, when a person or entity is granted an easement, only the legal right to use the property is granted, but title to the land is still retained by the owner. Easements are more commonly granted to utility companies, such as telephone or electrical companies to run cable and power lines. But sometimes easements can be granted to neightbors who need to cross through your land in order to access the street.

Three Main Types of Easements

Just about every property has an easement. As a property owner, you have the right to know what type of easement your land is attached to, and how it will affect the enjoyment of your property.

Easement in gross. The rights of utility companies to step foot on your property, as described above, are common, and are referred to as easements in gross. This is the most common form of easements, which grant utility companies the right to enter a property at no charge to provide their services. The majority of these easements are known about and easy to detect, such as easements for telephone and cable lines, and are typically discovered through a title search. But sewer and water lines aren’t always known about and are often discovered after digging starts to put in a swimming pool, for example.

If easements are discovered this way, and were not disclosed to you when you purchased the property, any reduction in the value of your home (should that occur) may be compensated through your owner’s title insurance policy. If the easement was known to the city and properly recorded, but you weren’t informed of it when you bought the place, the title insurance provider is obligated to pay you for any loss of property value as a result of the easement.

Easement Appurtenant. This type of easement can’t be transferred when the property sells, and as such, these easements are said to “run with the land.” That means that they’re part of the land’s ownership, and can’t be transferred with the seller upon the sale of the property. Easements for driveways, sidewalks and roads and sidewalks over a neighbor’s land, for example, fall under this type of easement.

Let’s say your neighbor is granted an easement appurtenant in order for him to access the roadway from his driveway. When he sells his property, the new owner will have the same limited right to cross your land to get to the street. The current and future owners can’t use your property for any other purposes other than to access the road. This type of easement should have been communicated to you when you bought your home, so you know that your land will be used in this manner, and you won’t be unpleasantly surprised.

The majority of easements appurtenant are created by an agreement between property owners or when a subdivision is created. Sometimes landlocked parcels of land that have no access to roadways are subject to an easement appurtenant by necessity over an adjacent piece of land. In this case, it needs to be proven that at some point in the past both properties were privately owned by the same person or entity.

Prescriptive Easements. These types of easements are the ones that cause the most animosity between neighbors, since they are created without the permission of the owner who’s property is being used. The use of prescriptive easements can be shared and don’t have to be exclusive, which means property owners are often not aware when a neighbor is granted the easement.

To illustrate, let’s say your neighbor builds a fence along what is assumed to be the boundary of the property. A few years pass, and one day your neighbor serves you with a quiet title lawsuit in an effort to establish a prescriptive easement to that portion of the land. After obtaining a survey, it’s discovered that your neighbor actually constructed the fence 3 feet into your side of the property’s boundary, and is now entitled to a prescriptive easement.

After the required number of years of hostile use have passed (depending on the state), the neighbor can legally acquire a prescriptive easement. The key here is that a hostile environment has to exist; a prescriptive easement can’t arise if you give permission for your neighbor to use and take that portion of the land.

What Are Your Rights?

If the house you buy comes with an easement, you’ll have to comply. If your new property is the only access that your neighbors have to the street, you can’t legally block them from getting there. If you did, you’d be considered to be trespassing on an easement by necessity, and you can even be slapped with a lawsuit.

Do Easements Limit Your Ability to Make Improvements on Your Home?

You’ll definitely want to be in-the-know if you plan on putting an addition to your home or building deck. If you erect a patio over top of a portion of the land that a neighbor is legally allowed to cross through to gain access to the street, not only could you be forced to take it down, you could also wind up in court. That’s why it’s crucial to find out if there are any easements on a property before you decide to buy it.

Can You Fight an Easement?

You might be able to successfully challenge an easement, but only if the circumstances are right. And be prepared to take the battle to court. It could be a simple matter if the holder of the easement – such as your neighbor – agrees to terminate the easement agreement. Sometimes easements might also have an expiration date, after which it no longer exists.

But many other times it can be tough to challenge an easement, particularly when it comes to prescriptive easements. These types of easements may be able to be challenged by claims that the part of the land was abandoned. If that’s the case, you’ll probably want to speak with a real estate lawyer for advice.

When you agree to buy a home, it’s in your best interests to find out everything there is to know about it. Just as important as it is to have a home inspector on the job to uncover any physical defects, it’s just as important to find out if any current easements will compromise your enjoyment of your new home.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Hello,

You have the easementary rights,, meaning thereby that a right which the owner of a property has to compel the owner of another property to allow something to be done, or to refrain from doing something on the survient element for the benefit of the dominant tenement.

You may file a suit and claim right to egress and ingress.

Get in touch with some local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear,

As you say he permits you to enter in his portion of land.

So if use it so long, then you take it as your main ground in

your petition.

So you can apply to the High Court under the PROPERTY LAW ACT 1952

for an order giving you an access right over a neighbor's property.

If court satisfied he will grant you the right over neighbor's property.

Otherwise not.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

File suit for right of way and ask for road to get constructed to reach your house.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

This is my response to you:

1. You have right over the land as a matter of easement;

2. Send him a legal notice and ask the reason for not allowing to use vehicle;

3. If matters do not get resolved then engage services of a lawyer and file a suit;

4. Seek injunction orders and try to get interim orders before final order;

5. Take legal steps before he does.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

You have many ways to proceed. Before SDM and Munsiff court as well. But in order to apt relief, better to go with civil suit.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

When did you buy this property?

Is there any mention about the pathway to road access in your registered title deed?

If yes, then you can file a suit seeking easement rights.

You may consult a local advocate and discuss the legal points on the basis of the property documents and proceed with the suggestion received in this regard.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

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