• No path to home

We have purchased a piece of land in 2004 and house over it had likely been built in 2008. The land patta adjoining to main road belongs to other person and behind his boundary there exists our home and land. Earlier people used that patta to reach there homes and we too used that patta for getting construction material to our land. at that time no one objected but later on after build up of home..the front of the house was sealed by claim that the land belongs to him and he cant give us path to home through his land. peoples of the area then started using other old ways of area to reach there homes but it was the only way for our home. we filed a civil suit but not got in favor as they were successful in defining that no old path exists through his land and there are other ways to our home. 
but in real there exists no way to our home. so we are now in trouble .the house is now a cage from every side and thr is no way to get into the main road. please help us....
Asked 9 days ago in Property Law from Sujanpur, Himachal Pradesh
Religion: Hindu

you can file a civil case under Indian Easement Act for getting easement right over the said property.
any way , if you have no other way to reach public pathway /road.you are entitle path way through others property.

Mohammed Mujeeb
Advocate, Hyderabad
4635 Answers
3 Consultations

4.5 on 5.0

Sir you have to file the appeal from the order then and the same has to established before the court that there is no alternate path that exist , you should have asked for appointment of the court commissioner in main suit to give report before the court.

Shubham Jhajharia
Advocate, Ahmedabad
11874 Answers
45 Consultations

5.0 on 5.0

You can claim easmentary right necessity if there is no other access to your land 

 

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) file an appeal against trial court order if no reliefs have been granted to you 

Ajay Sethi
Advocate, Mumbai
56959 Answers
3456 Consultations

5.0 on 5.0

You filed a civil suit for declaration of easementary right but the suit has not been decreed in your favour. Now the only remedy in your hands is to file an appeal in the first appellate court against the judgment of trial court. The appellate court can re-appreciate the entire evidence on record and set aside the judgment of trial court.

Ashish Davessar
Advocate, Jaipur
25198 Answers
706 Consultations

5.0 on 5.0

You file writ petition in High court and pray that you are restrained because of the said issue. It will pass appropriate orders or direct appropriate court to look into the matter

Prashant Nayak
Advocate, Mumbai
4875 Answers
3 Consultations

4.8 on 5.0

File appeal against the order and request the court to appoint court commissioner to prepare field report.

Yogendra Singh Rajawat
Advocate, Jaipur
7604 Answers
6 Consultations

4.7 on 5.0

You can try to purchase the path way land from its owner to have road access.

When you bought this property did you not enquire about this serious problem?

What about your vendor's document, whether it is having a mention about the road access from your land?

You may have to file an appeal against the trial court's decision seeking the relief of easement rights even if it is at the cost of buying the adjacent land 

T Kalaiselvan
Advocate, Vellore
46951 Answers
557 Consultations

5.0 on 5.0

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