file suit seek injunction restraining neighbour from erecting boundary wall whish reduces width of pathway leading to your home
2) claim easmentary right of perscription as you have used pathway for more than 30 years
Boundary wall built reduce width of way to main road
Hi, I have a way that leads to main road from my home. The width of the way 12 links out of which, 8 links is mine and 4 links is my neighbour's. So effectively, I have a way which only has 8 links width. So far (more than 30 years), we (me and my neighbour) have been using the whole 12 links as way to main road. Now my neighbour wants to build a boundary wall which will make the way my home of 8 links width. It would be difficult for any four wheeler to get in and out to/from my home. I have old mother (63 years) and grandmother (81 years). Mother not perfectly healthy. I am wondering if the way cannot be used by four wheeler in case emergency like hospital, then I may end up wasting crucial moments. I am from haripad, Alleppey, Kerala 690514. The aforementioned property is located in Haripad Please let me know what can be done and is there a solution. Thanks, Sijee
Asked 2 years ago in Property Law
Religion: Hindu
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11 Answers
OK, since I have 8 links, will that effect badly my case and argument (the neighbour can argue that I have enough width for way)? Also, is the right only available as long as my mother lives there since I am living outside the state of kerala for work reasons?
Asked 2 years ago
way should be sufficent for car / ambulance to pass through .
since you have enjoyed pathwway for over 30 years you can claim easemntary right of perscription
it is not available as long as your mother is alive
it is not available as long as your mother is alive - What does this mean?
Asked 2 years ago
it is immaterial whether your mother is alive or not to claim easmentary rights of perscription
Since the pathway has been in common use to you as well as your neighbor for all these 30 years, the sudden development of building a compound wall in his portion of property may cause disturbance to the usage of the common passage affecting the easement rights enjoyed by you as well as him so far.
Therefore you may first issue a legal notice instructing him to refrain from blocking the common passage and obstructing your easement rights in the common passage, if he is not listening to your requests or not complying with the demands made in the legal notice, you may file a suit for easement rights before a court competent within your jurisdictions seeking the desired relief and remedy for this situation.
The 8 links or 12 links, since you both have been using the common pathway so far without any hindrance to each other, you can claim easement rights on the basis of the usage for all these 30 years.
You can approach court of law for relief and remedy, let the court decide based on the facts and merits on both the sides.
The easement rights are not based on somebody's lifetime but it would be based on the necessity and other requirements that constitute to the needs
You may consult a local advocate and proceed as suggested on all such further issues
1. Has your way with total 12 links which you are using for last 30 years have been mentioned in the Map of your Municipality/Corporation?
2. If yes, then you can claim that the 4 links of your neighbour also forms part of your way to the main Road.
- Since, the said 12 links are in use for the last 30 years , then after a long period the said neighbour cannot take your right to reach to the main road .
- You can issue a legal notice to him and ask him not to raise a boundary wall on the said road to make the same narrow .
- If no response, then you can file a suit under the easement Act.
- Your mother appearance before the court is not mandatory , and you can take her POA to engage a lawyer and to approach the court.
Dear Client,
you can claim easement rights if you have been using the links for more than 30 years by filling an application in the court.
Thank you
You can file case under easement law to get the access of the same
whatever there for 30 years cant be changed now.
Mother health age, dimensions all are of no value in this case.
Road being used for 30 years then it will remain forever like that.
First try by sending legal notice.
If it doesnt solve then you can move court for injunction order.
Dont allow the wall to be built.
