IIt would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .
Possibility to change status of public pathway to private?
Recently we buy two plot both side of a dead end street. At the end of the pathway there is a wall older then 25 years And other side of the wall is govt. irrigation drain and farming land. Due to jealous Our neighbor doesn't want us to use this pathway as private. Though nobody has any use of that pathway land other then us, but The neighbor has file a case that we transcend on pathway land. I want to know, if there is a legal way to acquire that dead end street land in front of our plots. So that we can use it as personal. For better understanding i can share the map, but this portal doesn't allow to share images.
Asked 7 years ago in Property Law
Religion: Hindu
8 Answers
who is the owner of pathway ?
2) if it is public pathway then you cannot enclose that pathway and deprive others of using the said pathway
3) it cannot be converted to personal pathway
Pathway is owned by Gram Panchayat. Does gram pradhan have power to sell it to Individuals ? As said pathway is not in public use, it end at our plots.
Asked 7 years ago
gram pradhan has no powers to sell land owned by gram panchayat to individuals
That is government client and you cannot make it private that is a access to anybody
No. It's not lawful to change public pathway into private.
But your neighbor has no lawful rights to obstruct your easmentary rights... ie everyone has right to use that pathway, including you. If your neighbor is preventing you by false and fabricated cases, prosecute him for nuisance.
The use of pathway for the purposes of pathway cannot by objected by the neighbor.
However if you are using it for some other purposes then that may be considered as illegal.
Have you received any legal notice from the government department?
If it is a common pathway for all then your neighbor may object to your occupying the pathway for any other purpose i.e., extension of your house boundary for using it for you own purposes etc.
You may challenge the suit on the basis of merits in your side, but remember that you cannot utilise the same for your purpose alone even though it is lying waste, it may be termed as encroachment and illegal.
The pathway may be within the limits of the gram panchayat, but the gram panchayat cannot sell this to any private person.
Even though it is not used by any other public, since it belongs to government you cannot claim rights over it but you may use it as a pathway for which you have rights.
Sir you can have the possession that is adverse possession over same but cannot claim ownership of such land . If the wall is closed and the area was used by previous owner from more then 25, years there is adverse possession on same but no authority can give ownership of same to you.
