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
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?
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
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
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.
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
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.
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.
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.
My hotel is connected to the main road by a kuccha road. We have been using the kuchcha road since 10 years. Neighbour's plot was a vacant plot. Now he has decided to build a competing hotel there. There is no other road leading to his plot, but there is a lot of vacant land around his plot that connects to the main road. Can't he be forced to make his own road through other plots? Or will I have to give him access through my kuchcha road?
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.
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.
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
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.
If this kuccha road is common then you cannot object him utilizing the same.
You may discuss with lawyer on further issues.