• Access to property

I have started construction in a priorly owned property of mine which is the last plot in the layout. There are flats and residences around it. My neighbors are creating trouble not letting any construction material pass by claiming the road as their own which is not. And also making claims that we are damaging the road laid due to the passage of vehicles. What is the legal stand point in this ?
Asked 6 years ago in Property Law
Religion: Hindu

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9 Answers

you can apply to the High Court under the PROPERTY LAW ACT 1952 for an order giving you an access right over a neighbour's property.
Your application must be made to the High Court. Immediately after filing your application, you must serve a copy of it on the local authority for your area.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

See if they obstruct the way or construction then in that case you can file a criminal complaint in the police station, further you can file a civil suit to claim your right over the way. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can file easement Petition under easement Act.

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

You are entitled to easmentary right of necessity as 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

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

Every owner or occupier of certain land possesses a right to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of certain other land not his own, for the beneficial enjoyment of his own land. This right is called easement right. 

So you can file a case for use of such rights and obtain an appropriate order decree from court.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

You can complain to police for any obstacle created in passage of material.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Hello,

file a suit of injunction against themz

also you may approach the local authorities like municipal corporation, awas vikas and see if they may direct the police to cooperate with you.

the way is your right and can’t be taken by anyone else.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Neighbors have no right to object your access to road and to bring the constructions materials for constructing your house which has proper approval from the local civic body.

You may first issue them a legal notice through a lawyer to refrain from indulging in such activities disturbing your peaceful process of construction failing which you may approach police as well as court for suitable action on this, if they still torture then you,may lodge a complaint with the police about this nuisance and then approach court with a suit for permanent injunction restringing them from interfering in your construction activities as well as to restrain them from stopping your vehicular movement in the public road.

 

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have not only tumbled by your neighbour, but also been stopped from using the road which is the fundamental right that you get like all other citizen of the country.
  2. You should first give him a legal notice to stop troubling you otherwise you will have to seek the legal remedy via court of law.
  3. If he doesn’t get understand then please file a suit for permanent as well as temporary injunction before the civil court of law from stopping you to construct the plot.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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