• 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 3 years ago in Property Law from Pathankot, Punjab
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
Ajay Sethi
Advocate, Mumbai
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file injunction restraining your neighbor from obstructing your right to use said road for access to your property
Rajeev Bari
Advocate, New Delhi
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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
Ajay Sethi
Advocate, Mumbai
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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.
Ashish Davessar
Advocate, Jaipur
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506 Consultations
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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.
Ashish Davessar
Advocate, Jaipur
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506 Consultations
5.0 on 5.0

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