Hello,
you can file a suit to claim easementary rights. He can’t block your road to access the main road.
Get in touch with a local lawyer and file a suit.
regards
Way for the agricultural land between the lay out.
My land surrounded by neighbours lands.now it taken by some lay out purpose of one big builder.this land is agricultural land.now how can I get a way for this land. so many peoples of my college direct to me you can sale it for him .other you can bound. He can't give road to your land.the builder tells to me you can give ,otherwise your land surrounded by my layouts park establishment done.then whare you will go. How can I survive plz give information to me all of our legal advisers
Asked 6 years ago in Property Law
Religion: Hindu
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7 Answers
You can sell the same to him otherwise contest with him in court by filing suit
You can claim easmentary right of necessity as there is no no other access to your land
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 relie
File easement suit in court, right to path, no need to sell. Court will grant instant relief.
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.
If you dont have access to road from your property then you can file a suit seeking easement rights in a mandatory injunction suit against the builder.
How were you having access to your agricultural proeprty so far?
Is there any agreement with the neighboring land owners in yor sale deed or any other mode of access to your landed property?
You dont have to sell the property under any pressure, you can seek easement rights through court of law, the builder has to provide pathway for ingress and egress purposes.
Discuss with a knowledgeable advocate and proceed as per the advice received..
Dear Client
You can claim the way to your land through Easement act because without the way to your land your property will be useless
Your neighbor and builder is bound to provide you the way to your land if they refuse to provide the way you can file a suit Under section 35 of Easement Act against your neighbors and builder for permanent Injunction to restrain them from blocking your way to road.
Section 35 in The Indian Easements Act, 1882
35. Injunction to restrain disturbance.-Subject to the provisions of the Specific Relief Act, 1877 (1 of 1877)1, sections 52 to 57 (both inclusive), an injunction may be granted to restrain the disturbance of an easement-
(a) if the easement is actually disturbed - when compensation for such disturbance might be recovered under this Chapter;
(b) if the disturbance is only threatened or intended - when the act threatened or intended must necessarily, if performed, disturb the easement.
(a) if the easement is actually disturbed - when compensation for such disturbance might be recovered under this Chapter;
(b) if the disturbance is only threatened or intended - when the act threatened or intended must necessarily, if performed, disturb the easement.
