The neighbors can't object the sane under easement laws and rights
We do not have road access to our Non Agriculture Land in city limits ,neighboring all side land are agriculture land or some dispute lands, but urban development of our city has proposed CDP road to our land from main road which is around 150 feet from our land,we have planned to develop our land and construct,but have issue from neighbors for access of road.kindly give solution for this.
You have to file a suit if the access of way is not granted to claim the road rights from the neighbouring lands. See you can contact local.municpal office if.they are laying roads as per plan then it would be easy as suit can take some time.
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
1) you can claim easmentary right of necessity if there is no other access to your land
2) 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 reliefs .
Dear,
You have full right to use your land. If it is not possible for you to use your land
without entering these lands, then you should file suit for easement for necessity.
File under suit under Indian Easement act.
thank you for replying so promptly ,the access of land is under which govt body and case should filed in which court and under which law,how much time it may take to solve the issue.
you have to file case in district civil court claiming easmentary rights under easement act
disposal of suit would depend upon pendency of cases in trial court
The case can be filed before the Revenue court as the property is revenue and under Easement act and other local revenue rules.
You should file case in civil court of district.
Not possible to calculate time, depends only on the court.
you first go through your title documents about this.
On scrutinisation of your property title document you will come to know if there was any provision for road access from your property.
If there was no provision in the registered document, then you may find which is the way that is feasible to have an access to the road and file a suit for easement rights against the land owners whose lands are held as obstruction for your easement or ingress and egress.
You may consult an advocate in the local and file a suit accordingly.
You can file a suit in the civil court by impleading all the parties who pose obstruction on your pathway access to the road including the government bodies, if any and seek remedy through court for this problem.
The time taken for disposal cannot be predicted, it may take two to three years for disposal depending on the circumstances prevailing