you will have to move court to direct your neighbor to permit you to use said road . you should point out that for last 40 years you had uninterrupted access to said road . court will grant you an injunction restraining your neighbor from obstructing your right to use said road for access to your property
Common street for two houses
Since 40 yrs there is one street for me n my neighbour..n over that street village's panchyat Laid bricks thus constructed it for our use... But now that street land comes under my neighbour and so he is not letting us use that street... My question is since gorvnmmt had constructed that..so can he stop us from using that path now? ...what we should do now?
Asked 10 years ago in Property Law
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5 Answers
Since government had constructed that street..how could he stop us? .
Asked 10 years ago
file injunction restraining your neighbor from obstructing your right to use said road for access to your property
so in your suit you have to mention said facts that road has been constructed by the government and you have been forcibly restrained from using said road
The street is common, hence right to enjoy the street is also common. It is a street constructed by government and not your neighbour. He cannot emasculate your right to have an uninterrupted access to street.
Issue a lawyer's notice to him to warn him of legal action if he does not allow you to use the street. Move to court and file a case for injunction if he does not meet the demand raised in legal notice.
You have been told that he cannot stop you. As and when you file the case you will mention therein that it is a public road. For further legal advice consult a lawyer by paying his consultancy fee.