Respected Lawyers, I have property related issue, I request you to kindly read whole situation I have narrated below. My Father bought one land of area 3200 sq. ft.(PLOT NO 11) in 2007 in Pune. But now my neighbor is harassing by encroaching road and threatening my father and our family, since my neighbor is local goon and money man. But before that I would like to elaborate the whole situation and history in proper sequence, due to that this situation occurs. In 1980, 18 people come together and they buy approximately 1.5 acre land from one person and divide the 1.5 acre land into 18 parts and distributes among them. 1.Till 1988 no construction was started on 1.5 acre land. It was just empty land. 2.But in 1988, Owner of Plot no 06 build a house on the land left for road without giving intimation to anyone, due to that road get blocked of allocated to Plot no 11. 3.Then Owner of plot no 11 Mrs Rani Pal Singh decided to file a civil suit against owner of plot no 6 . 4.Then Owner of Plot no 6 requested to plot no 11’s owner that he will give alternate road and he will give road to plot no 11. Until that use land of plot no 10‘s land for accessing Pubilc road, because plot no 10 was vacant land. 5.By the Owner of plot no 11 Mrs Rani Pal Singh developed his property by build a house in 1992. And sell the plot no 11 to person Mr Ramesh. At the time of selling the plot, Plot no 06 owner promise to Mr Ramesh (Plot no 11 new owner) that he will give road for Plot no 11. 6. From 1996 to 2007 owner of plot no 11 was using plot no 10‘s land to access public road. 7. In 2007 Mr Ramesh(plot no 11 owner) sell the land to my father , at that time plot no 06 promised to my father that he will find solution and will give alternate road to plot no 11. 8.Now, from 2007 – 2018 we also using plot no 10 land to access public road. 9. In January 2018, Plot No 10 told my father that he is going to develop his property in few month, due to that your way to access public road will be close and ask to force and put pressure on plot no 06 owner to solve the issue. 10.So, in Feb 2018, we approach to plot no 06 owner to solve road issue as soon as possible. 11.But instead of providing any solution ,Now Plot no 6 owner is telling that he is now owner of land left for road + his own land, Go and take road form plot no 10 or to claim road go to court and get order from court to demolish his house . 12.In short Plot no 06 taken advantage of our Kindness. 13.Here is the details of total land measurement. Total land area of plot no 11 : 3072 sq.feet. Total land area of plot no 06 : 3015 sq.ft. Total land area of road : 72 ft (length) x 15 ft (width) = 1080 sq.ft. 14. In total Plot no 06 owner claiming that 3015 + 1080 = 4090 sq. ft. land is his land because he is using this land since 1988. ( but till now he papers showing that he owner ). 15. But in his Property papers there is only 3015 sq. ft. land is mentioned. Kindly provide legal help.
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Correction in Title Question: Neighbor Not giving Road. 1. Is it issue of adverse possession ? 2. can i demand of alternate road in court i.e. of same area he equire of road.? eg: 1080 sq.ft. of road area he equire, can demand same amount of area land as a altenate road. 3. How much area of land i can get as a road.
Dear client
There is no fundamental or legal right to encroach upon public road. The unauthorised construction cause hindrance and interruption to free flaw of traffic and free movement of citizens. Every citizen has a fundamental right for free movement . You send a registered letter to the District collector informing the details and ask him to necessary steps. If this does not work file writ petition in the High court and make the collector one of the parties.
See there are two issue first you have right of way through plot no. 10 as adverse possession as since it is used as path from more then 20 years and your right to continue doing same has been created over it.
So you can file a suit for your easement along with the interim stay application to maintain the status quo till the suit is finally disposed of.
Second issue regarding the plot 6 owner who has encroached the road land and had been using same, he has a adverse possession over same if we go on contesting with him there are less chances we succeed even in the civil suit.
See you can demand the size of Road you have or the previous owner used from the plot of no. 10 and in the same way so now he has to provide an alternate way.
See you can demand the size of Road you have or the previous owner used from the plot of no. 10 and in the same way so now he has to provide an alternate way.
The land owner cannot claim any land beyond what he owns as per the registered sale deed in his favor.
Now your concern is that you need have pathway for road access. This is called as easement rights.
you can file a suit for easement rights against the plot No. 6 who is blocking your way to road access.
Before that you confirm your pathway to road access from your own registered sale deed to establish your rights in this and to fight for your rights through court.
1. By blocking your pathway or access to road for years, he cannot claim adverse possession.
He cannot occupy the common passage and claim any rights over it, if there is any structure constructed over it, the court may pass an order to get it demolished.
2. You stick to your point alone about asking your rights for access to road, i.e., easement rights.
Let him propose alternate arrangement at his cost, if that is found to satisfy your requirement, then you may proceed.
3. It depends on the prevailing situation, you first file a suit and look for ways to get solution suiting to the prevailing atmosphere.
1) You can file encroachment case against your neighbor i.e. Plot no.6 plus Easement case as per Easement act for not providing way towards your home as per the layout plan. Is this layout plan is registered wirh PCMC or not.
2) You can make complaint in PCMC to for easement of public road.
You can claim easmentary right of necessity as there is no other access to your land
2) you can claim alternate road
3) seek orders to demolish illegal construction done on land reserved for road
1. the acquisition of access road leading to Plot No. 11, by owner of Plot No. 6 is a criminal trespass
2. in offense of criminal trespass, there is no limitation period applicable and thus plot no. 6 owner cannot claim that he is entitled to access road leading to plot no. 11, by way of adverse possession
3. in criminal trespass there are 2 things - the initial lawful entry and subsequent remaining on the land after the authority to so remain has been terminated
4. so in your case, not only was the initial entry on access road leading to plot no.11, illegal and unauthorised, but also his subsequent remaining on the access road is still an illegal act of criminal trespass and this gives the aggrieved person a continuing cause of action i.e. for every day the owner of plot no.6 illegally remains on access road, it gives a new cause of action to owner of plot no.11 to file a suit against owner of plot no.6
5. no amount of long or uninterrupted possession on a land for which the initial entry itself was illegal, can come to avail of owner of plot no.6
6. the access road is a necessary easementary right without which owner of plot no.6 cannot enjoy his property
7. plz file a suit against owner of plot 6 or if its already filed then take out a notice of motion for urgent interim reliefs
8. claim heavy damages in the suit, if not already filed, from owner of plot no.6
9. also write to all authorities concerned for illegal encroachment on public access road
T Kalaiselvan Sir, Ganesh Kadam Sir , Ajay Sethi Sir, Yusuf Rampurawala Sir, Thank you so much your valuable suggestions, finally I get relief by reading your answers. Till this time me and my family is tremendous pressure. At last I have some queries/questions regarding the issue: Q1. Since Plot no 6 owner is paying property taxes and of house and staying in that house since 1988, can court give order to demolish the house? ( but personally I don’t want his house to be demolished). Q2. If order not pass by order to demolish his house, then how much easement ( road width in feet) I get for my land from alternate side. Q3. @Ganesh Kadam Sir, As Layout was not sanctioned by PCMC ( I think so! ) but, there is corporation road (public road ) upto Plot no 4 / 5. And on the south side of plot no 6. Q4 . In PCMC ( Pimpri chinchwad Municipal Corporation ), Rule for having road to any land of size more then 2500 sq, ft. to get any type of housing plan sanctioned is that every land must have at least 6 meter X 6 meter of road ( approx.. 20 ft x 20 ft. ). Can I demand at least that much of road or more to the court ? Q5. Can I request court to get my land (plot no 11 ) and plot no 6 land to get surveyed through court commission in such a way that his house will not get demolished and we both get road from south side (i.e. 1080 sq. ft. area of road that he has illegally captured). Q6. And Last, Plot no 10 has no mistake because due to his kindness we are able to use our land for these years, will Plot no 10 get relief from this issue.? Thank you all in advance. Spacial thanks to kaanoon.com for providing common gateway to communicate with multiple and talented and knowledgeable Lawyers.
1. yes court will not order demolition of his house, except to the extent by which his house has encroached on the access road leading to plot no. 11
2. claim original access road only. If you claim alternate access, tomorrow again someone will come up and say that he is building a house on that land and thus access can no longer be availed by you, as how owner of plot no. 10 did. So stick to the original access road and demand its reinstatement
3. obtain sanctioned layout plan from the Municipal Corporation to ascertain presence of access road leading to plot no.11
4. you can demand access road as has been reflected in sanction layout. The road dimensions given in the local body rule are to ensure that in case of a fire, there is sufficient access for a fire brigade to enter the site. So that much minimum has to be kept for access of fire engine
5. yes you can. The court commissioner can submit his report to the court on the present status on site
6. if access of plot no.10 is also through the same access road leading to plot no.11, then owner of plot no.10 can also join in your action against owner of plot no.6
1. See the possession is from 1988 undisturbed there won't be any order of demolition of the house. The right as prescribed by law is created.
2. Sir in your case you shall claim easement and necessity over the pathway you have been using regularly but since there is no wrong done by plot no. 10 owner and under his permission you used the way claim easement of necessity and by showing record in maps claim way through plot 6 as shown in the maps.
First you ascertain the extent of road adjacent to the plots.
The entire extent of the road is to be mentioned as schedule of property to which you are claiming road access and easement rights.
If he has illegally constructed or extended his house construction over the road or pathway meant for road access then after ascertaining the encroached portion the court may pass orders to remove the obstacles by demolishing the construction over the illegally occupied portion.
The court on an application before it, may appoint an advocate commissioner to ascertain this.
You concentrate only on the relief and remedy you are looking for.
Don't give room to sentimental issues and lose your case.
1) You personally don't want neighbor house should not demolish, but you want common road from south side. If there is space remaining in plot no 6 than that space can be utilized for common road which he has encroached public road of south side and build house on it.
2) So you can suggest new layout plan as per current situation of open space in plot no 6 and you for south side road. You can request tgis new changes to PCMC and get this done ASAP.
3) Get the road sanction for new layout sanction from PCMC's rules and regulations of wider road of 20 ft x 20 ft.
Do let me know if you require any further assistance on it.
Entry in revenue records does not confer title to property
2)it is only for payment of property taxes
3) court can order demolition of house
4) you have easmentary right of access to your land. It should be sufficient for car to pass through
5) you can seek appointment of commissioner for survey of land
Dear Sir,
Your issue needs to be resolved in person since your question involves so many sub questions. In summary you can file a suit, if it is already filed then take Court commission and get a favorable report. Then file interim application seeking mandatory injunction to remove all the obstacles found on such road. You have easementary right over such road as such nobody prevent you from using the same.
