easement right does not grant to park his vehicle on public road
2) you dont need owners permission to park vehicle
3) you should not block the gate
Easement act and right to park
I live in Bangalore. A few days back I had parked my car in a residential area adjacent to the compound of one of the houses (not blocking gate). The house owner objected to my parking there since he himself has a car. He said he needed that space to park his car. I moved the car and consulted with a few police officers that I am acquainted with. Most of them said that I need permission from the owner for parking my car there. One of them even quoted the Easement act. Since the house owner has been living there for over 25 years and using that place for parking, he has a 'greater' right to park there when compared to visitors. Now for my question. Does easement act grant the resident of a house right to park his vehicle on the public road adjacent to the house's compound ? Do others need permission from the resident to park their vehicles in such a place ?
Asked 6 years ago in Property Law
Religion: Hindu
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14 Answers
Hello,
yes they do get a right to park vehicle there as compared to you and they have a better right than you.
regards
No permission would be required to be taken from him aur parking your vehicle outside his property, provided the pathway is not blocked, as the property is public property and it belongs to the government.
Easement rights would come into picture only when their passage to enter/ exit the house is being blocked.
Legally, it is not open to a property owner to claim that he has exclusive dominion on the portion of road in front of his house. A road is a public property which belongs to all and can be enjoyed by all subject to the reasonable restrictions laid down under the law.
1. "IF" the road is a "Public Road", THEN "Easement Act" does not apply. Easement Act applies only for right to passage thru private properties.
2. To the exception of House Gate area (frontage), on a Public Road, each & every citizen has a right to use the Public Road, for all legitimate purposes AND no such permission of any kind is required from the house abutting the Public Road and neither the House owner can ever claim any type of preferential rights over the said Public Road.
3. HOWEVER, certain areas in "Public Road", are classified areas and Parking /Hawking /Vendor'ing are not allowed, UNLESS the local relevant authorities, have exempted some selected areas and are charging fees for the same.
1. Yes, since the owner who parks his car has property just adjacent to the said area ad is using the same for long to park his car he has preferred right to park his car than yours.
2. If there is any other vacant area to park your car then use the same for parking your car.
3. In any event this is a civil dispute and the police officer has nothing to do with this.
Dear client,
The actual rule is who dose not own a house parking, car won`t be sold to him. So both of you cannot claim easement right.
Now the question comes here, space is adjacent to property and under long use, hence his right will prevail over you.
And as per law, both cannot claim any exclusive right to use the portion. First come first serve/use basis. No case against you, if he complains,.
1. This is the problem you are expected to face if you take professional advice from non professionals.
2. Easement Act allows the owner of a piece of land access to his land from the nearest road/pathway through the shortest route over the land owned by others if the said land in concern has no access to the nearest Road or pathway.
3. The Easement Act has nothing to do with the instant case.
4. The house owner has taken the advantage of being the local person to tell you to remove your car from the place which is not owned by him.
5. You had equal right with him to park your car at that place not owned by him
See no permission is required from the owner but if he is regularly using that space for his use then that case he has right to use the space.
1. easement right means a right that enables the owner to access his property for its beneficial enjoyment
2. since your parking was adjacent to compound and not blocking the gate, no easementary right of the owner was being obstructed. Moreso it is a public road over which no person can claim any exclusive right
3. the police officer is i fear incorrect
Easement act only gives you right of passage for your house.
No easement act cannot give them a right to park on public roads. As road tax is paid by all. No one can reserve that public space
No, you can file case in the same manner under easement act for encroachment section, that particular person in encroaching government or public place for his personal use, which is attached to your boundary wall.
Hi
Yes if you are parking the car in front of someone's house then he must allow you to park the car on that area.
Its his right to use area in front of his house as per his wish and if he doesn't allow you to park your car then you need his permission before parking but if you are not blocking his area of parking or his access to the house you can park the car there.
