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.

2) you can claim easmentary right of necessity as there is no other way to reach your house

3) under section 35 of easement act you can obtain permanent injunction restraining your neighbour from obstructing your right of passage .

4) pending hearing and final disposal of suit you can claim interim reliefs .

If the road is there private property. You cant object to the same. Municipal corporation or the civic authority can mediate the same. It can be only resolved through mediation and settlement

you have to file a civil case for getting your easement rights. Do you have any other path way to enter into your property?. You have to prove your usage in others property for easement rights.

Dear Client,

Above issue is related to easement, right to path. For any obstruction act,  call the police. and file easementary suit.

See since you are using the road from long time undisputedly there is a easement right over same so the owner cannot take possession now , you can file a suit for easement right over the way.

1) you have to get layout and your area demarcation from the local authority for road. As per Easement Act you can keep road which you were using for so many years as is.

1. As per the information mentioned in the present query, makes it clear that the road has been in use since decades and till now no one have had ever thought or claim any right over it.
2. Now, there is a principle in law of set off your right over something if the same has been used by other for more than 20 years (in case of immovable property like the present one in your case) and then if you wish to take that back by any reason or explanation then you are not liable for the same.
3. Now, you should approach the land owing agency of your area and inform them about the same, if they do not do much then you will have to approach the Hon’ble High Court under the writ Jurisdiction of Mandamus under Article 226 of our Constitution seeking stay on the decrease of the road by making both of them party to Writ.

Hi, 

You may initiate suit against him for leaving the land for road. 

If the road is a private property then you cannot claim  access to it for any reason.

Your suit seeking easement rights also may not fetch you any relief if your document do not say that this is a public road.

You can talk to the neighbor and request him to allot a little more space so that the car can have a easy access .