Hi, 

You are suggested to serve him a legal notice for providing you the way for reaching your land either by way of sale or otherwise. If he is unwilling, file the case of injunction against him and get his works of fencing stopped.  

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.

2) you can claim easmentary right of necessity as there is no other way to reach your house

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 .

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.

You can file case in court under Easement act that road encroachment is done. But he can't deny the way or path to approach your land. Meanwhile you can make police complaint as well plus cc to Municipal authority as well.

File easementary suit - right to path. Confirm relief from court.

You can file a suit for easement rights seeking relief of access to road ingress and egress and also mandatory injunction against for this relief

Dear Sir,

You can file a suit claiming approach road. Without approach road there cannot be any family partition, on this principle your suit will be decreed. Nothing to worry.

See you can file before the court seeking right of way as easement right as you were using the path from years and also there is no other road therefore court can grant you right of way through the land. 

You can approach the court under easement laws and take stay if required

Dear Client

If there is a problem where you don't have access to your land due to blockage from neighbouring land.  Than you can claim your Easement Right.

Section 13 of the Easement act deal with the necessity without which the land cannot be used In your case the path to your land is necessity for your land which means Your Right to passage and you can file a civil suit to obtain this right from neighbouring land through which the Main Road is nearest. 

And Under Section 35 of easement Act you can obtain Permanent Injunction against your neighbor by which court restrict him to obstruct your passage to the land. 

1. As per the information mentioned in the present query, makes it clear that you have been using the same path way for more than few years now.
2. When we have been using any path for more than 3 years then we get the easement right over the same as the same was never challenged by the owner.
3. Your case is exactly the same as after the partition you have been using it and thus, a right has been created for you.
4. You should file a suit for injunction before the court of law from retraining you to use the same path as there has been an easement right created for you.