• Right to use a path

Hi, 
We have couple of plots of land , one beside the main road which is in my name (given to me by my father) and we have our house here, and the second one is behind my plot which is my dad's name. There is a path beside both these plots which is used by as many as 6 families. 
Do I have the right to use this road to enter the second plot, which is away from the main road ? 
Our neighbours are telling its private road, but how can it be private when it is shared by 6 families ?
Asked 1 year ago in Property Law from Muvattupuzha, Kerala
Religion: Hindu

You can use the road to enter the second plot if there is no other access to your land 

 

you can claim easmentary right of necessity 

Ajay Sethi
Advocate, Mumbai
74626 Answers
4464 Consultations

5.0 on 5.0

Does the plot form a part of the existing plot belonging to you, or does it have a separate municipal number.

Please also clarify if there is a separate easementary agreement signed or executed in favour of the other plot owner, permitting them exclusively access to their properties and prohibiting other persons from using it.

You have a right to use this path if it is a separate property.. It is called an easementary right, as it provides access to a piece of property which has no other access.

Chandra Pal Singh
Advocate, Bangalore
13 Answers
3 Consultations

4.0 on 5.0

See if the road is used by 6 families and you are also using same from time to time then you can use same though if the road is made by agreement with 6 families and further there is alternate route to.your land access of same can be denied go you.

Shubham Jhajharia
Advocate, Ahmedabad
24365 Answers
96 Consultations

5.0 on 5.0

Definitely you have a right to use the path to enter the plot.  This rights are called easement right. You can sue the owner of the land of the path if you are denied to use the path or if  some restrictions is put on its use by anybody else. 

Kallol Majumdar
Advocate, Kolkata
2556 Answers
4 Consultations

5.0 on 5.0

1. Apply to the local revenue authorities (tahsil office), for Govt. Survey Report of the "path way" in your question. This will prove as to who is the owner of the pathway. Is it the Govt. /Grampanchyat /Municipal authorities or any private individual.

2. IF the pathway belongs to the Govt. /Grampanchyat /Municipal authorities AND NOT to any private individual, THEN you derive complete legal rights to use the said pathway.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
4366 Answers
23 Consultations

5.0 on 5.0

you can file a civil case under Indian Easement Act for getting easement right over the said property.
any way , if you have no other way to reach public pathway /road, you are entitle 3 feet path way through others property. 

Mohammed Mujeeb
Advocate, Hyderabad
15613 Answers
7 Consultations

4.5 on 5.0

Yes you have a easement right in this matter

Prashant Nayak
Advocate, Mumbai
18708 Answers
34 Consultations

4.6 on 5.0

Dear sir

If it is a public road than you can use the path but if the land of path is registered in some one's name then it would be there right to whom they allow or disallow to use the path. 

For that you can get confirmed by file the RTI in the concerned tehsil for knowing the in whose name land is registered but if it is public path you can use it. 

Mohit Kapoor
Advocate, Rohtak
8007 Answers
2 Consultations

5.0 on 5.0

It may be private road but the users are not prohibited to use this road, since you are also one among the user since you reside in the said location, you cannot be prohibited or restricted from using this road.

Private road means that it do not belong to government, it is for the use of the people in the surrounding  for their use.

 

 

T Kalaiselvan
Advocate, Vellore
64580 Answers
836 Consultations

5.0 on 5.0

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