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