• Can I file case against the person who blocked the road because that road is coming in his land are

Hello sir, I m from Bihar, my land 3.5 kattha, is situated at back side of other person,s land. His land is directly connected with main road, my other house is near by but i have to cross their land while going to my land earlier they allow us to go but now they blocked. They are not willing to sale so they increase price 5 times of normal price, they want us to sell our land because i do not have road to go. What remedy I can get? If they do not give land for personal road purpose then finally we have to sale my land to that person . I hv no other option. So please advice what should I do to getting the land.
Asked 9 months ago in Property Law from Darbhanga, Bihar
Religion: Hindu

1) As per Indian Easement Act you can apply for road in the court and its your rights to get way at your home and nobody can deny for it.

Ganesh Kadam
Advocate, Pune
9026 Answers
74 Consultations

4.9 on 5.0

Easement of necessity is implied only where the right is essential for the use of the land granted or retained. 

Section 13 of the Indian Easements Act deals with easement of necessity. 

Contact a local lawyer and file a suit for declaration of easement. You'll get passage to your land as a right and would not have to sell the land then.

Siddharth Jain
Advocate, New Delhi
5326 Answers
59 Consultations

5.0 on 5.0

You can file a suit before the civil court claiming right of easement over the way and necessity you don't have to sell the a d court will provide way in case there is no alternate route.

Shubham Jhajharia
Advocate, Ahmedabad
22882 Answers
93 Consultations

5.0 on 5.0

Yes you can file a case as well as writ petition in high court

Prashant Nayak
Advocate, Mumbai
16701 Answers
30 Consultations

4.6 on 5.0

Dear client 

You should file a police complaint for obstruction of public path for pressurising and blackmailing you to sell your land. 

Mohit Kapoor
Advocate, Rohtak
6572 Answers
2 Consultations

5.0 on 5.0

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.

Mohammed Mujeeb
Advocate, Hyderabad
13837 Answers
6 Consultations

4.5 on 5.0

You can claim 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) under section 35 of easement act you can obtain permanent injunction restraining your neighbour from obstructing your right of passage . pending hearing and final disposal of suit you can claim interim reliefs

Ajay Sethi
Advocate, Mumbai
72059 Answers
4334 Consultations

5.0 on 5.0

File a suit to claim legitimate right to use the adjoining land as road.

Regards 

G.Rajaganapathy 

Rajaganapathy Ganesan
Advocate, Chennai
1671 Answers
8 Consultations

4.9 on 5.0

1.  You have a legal right to thru his land to go to your house, under the provisions of the "easement act".

2.  For the above you will need to file a civil case, for "right of way" under the easement act, in the local civil court.  You will surely get success and right of permanent way to your house, thru a court order.

Hemant Agarwal
Advocate, Mumbai
3677 Answers
19 Consultations

5.0 on 5.0

Since your land has not access except the one which is being blocked, in such case you have the right access from this other persons land. As per the Easement law, you can approach the court and file the case for claiming the right to way and free access to your land.

Sayyed Parvez
Advocate, Navi Mumbai
19 Answers
3 Consultations

4.9 on 5.0

File suit of easement. Right to path.

Yogendra Singh Rajawat
Advocate, Jaipur
16743 Answers
21 Consultations

4.6 on 5.0

You have a right to go through the adjacent land to enter upon your land. This right is easement right. If denied you can file a case for such right. 

Kallol Majumdar
Advocate, Kolkata
2067 Answers
3 Consultations

5.0 on 5.0

You can file a suit for easement rights.

since you are not having ingress and egress to your land and to the road, you can very well file a suit claiming easement rights and also for mandatory injunction to remove the blockades which have been used to block your pathway.

 

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

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