• Is it mandatory to provide access to competitor's land?

I run a hospitality business outside Mumbai.

My neighbor intends to start a competing hotel in his plot. The access to his plot is through mine.

Am I obliged to provide access to competition?
Asked 7 years ago in Property Law
Religion: Hindu

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15 Answers

You are not obliged to provide a way to him even if he was not your competitor. But he has a right of way in case that was sanctioned by the developers. Otherwise he would have to make way by some other means.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Your neighbour can claim easmentary right of necessity if there is no other access to his 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) he  can under section 35 of easement act obtain permanent injunction restraining you  from obstructing his right of passage

Ajay Sethi
Advocate, Mumbai
99842 Answers
8148 Consultations

See if there is a way through your plot ans he is using same for year or this only way then you have to provide same otherwise on easement grounds he can file suit claiming way.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello,

There is no violation of Legal right. If there is no legal wrong that is being done then you can not deny him the access. The same is attracted by the doctrine of Damnum sine Injuria

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear client, 

Right to path for Commercial activity and bona fide necessity is absolutely different. Further he can request the way to access for himself and not for customers. This will disturb your inhabitance. You are not bound to Give him access. 

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

1) If he don't have any other way connected to main road than as per easement act you have to provide way to him.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

you can file a injunction suit against the neighbor seeking an injunction from the court to direct him to allow a passage to your land. It is called your easementary right and you can certainly avail in in the court of law. Infact, you can get the interim order within as early as 3 days.

Mohammed Mujeeb
Advocate, Hyderabad
19334 Answers
32 Consultations

See if other plot there is no way demarcated then he cannot be forced to use that land. If he is using your land for access then same has to be given.

In this situation it is best to claim some amount from him and reach for settlement for way.

 

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Kacha road can be used by any. No right by mere using from long time. And when theres other path available than no right to claim access from your side.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

If there is other access to his land neighbour cannot claim easmentary right of necessity 

Ajay Sethi
Advocate, Mumbai
99842 Answers
8148 Consultations

  1. As per the information mentioned in the present query, makes it clear that your neighbour is about the same business as of yours.
  2. Though there is no law which can say that you can’t stop him from starting the same business until and unless you have something to prove that he is also defaming your business by using some bad tactics.
  3. But, yes as you said, if there is vacant land which he can use for his way then I would suggest you to take him before the court of law for making it a separate one, and I believe judge would also appreciate as this would reduce chances of any future quarrel between you both.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

If the kucchha road falls within the plot owned by you you can dictate your terms and force him to use another way otherwise not.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If there's a provision for that in his sale deed as well as yours then you are obliged by the conditions or he may sue you for easement rights.

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

If this kuccha road is common then you cannot object him utilizing the same.

You may discuss with lawyer on further issues.

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

If the said property is your private property you are not obliged to grant excess to him. It will be your own will to do the same. He needs to make his own arrangement.

Prashant Nayak
Advocate, Mumbai
34562 Answers
249 Consultations

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