• No pathway to my plot as the street road ends before my plot and my plot is blocked

We had bought one land in year 1989 .The plot was at the dead end corner and at that time no proper road was there .Later when number of people staying in that area increased , proper street road has been made and the street road ends before my plot .So there is no way to reach my plot . I requested the plot owner to sell part of his plot whose land is blocking me to reach to the road .so that i can get access to my plot but he is not ready to sell part of his plot instead he is asking to buy his whole plot with very high amount .Which is not possible for me to buy whole plot .Please suggest me is there any act to get access to my plot from the street road .
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

You can file a case under Indian easement Act for seeking proper direction for accessing your plot

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

You can claim easmentary right of necessity as there is no acres 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 .

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

You can file case under Easement Act. And as per transfer of property act. Each plot holder must get path way to reach his plot. That mag include air, sun light, way etc. It's your rights to get it.


An easement is a legal right to use another's land for a specific limited purpose. In other words, when someone is granted an easement, he is granted the legal right to use the property, but the legal title to the land itself remains with the owner of the land.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Of course you are entitled to a right of way  to use the necessary part of the adjacent land for ingress to and egress from your land. 

This is easement right.  You do not need to purchase the pathway. 

You can file a suit seeking permanent injunction restraining the owner from objecting  the use of his land for pathway by you. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

1. YES. You have right to access you plot thru the "Easement Act", even if the approach road passes thru some other's plot of land.

2. HOWEVER, for the above, you would need to file Civil Petition before the local Civil Court, for relief and directions. This can be successfully done.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

See you can file a suit before civil court seeking right of path/way under easement act citing it easement of necessity as you have no way to access plot and you cannot enjoy your right over your plot because of it.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

How can a land be sold without proper access to it??the builder should provide access otherwise lodge a case against him. Thwre must be some kind of road, i mean a mud road.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

1. Yes you can file a suit against the owner of land which is blocking your access to road under Right to Easement act.

2.And path to your land is basic necessity without which your land will be of no use. 

3.Under this suit you should claim for permanent and mandatory injunction against the plot owner to provide you proper access to your land and restrain him from blocking your path in future. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

File suit of easement. Right to path. Court will grant you space from his land withtou any payment.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

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.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If you dont find an access to road from your property then you may file a suit for easement rights.

The concept of easement has been defined under Section 4 of The Indian Easements Act, 1882. According to the provisions of Section 4, an easementary right  is a right possessed by the owner or occupier of the land on some other land, not his own, the purpose of which is to provide the beneficial enjoyment of the land. This right is granted because without the existence of this right an occupier or owner cannot fully enjoy his own property.

Illustrations-

  1. ‘P’ being the owner of certain land or house has a right of way over Q’s house, adjacent to his house, to move  out of the street. This is known as right of easement.
  2. A voluntary dedication of right by ‘X’ to the public for passing or re-passing over a surface of certain land is not a right of easement.
  3. X’s right to go on his neighbour Y’s household for fetching water from the well for the purpose of his own household  is a right of easement. Here, the way to the well is through Y’s land only. Hence, X has an easementary right to pass through Y’s household.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that at the time when you bought the plot, there was no such situation of thinking that it would have been changed like the present one.
  2. As there is no way for you to get access, but the only option of the next door neighbour to sell his part portion.
  3. As he has been asking for whole plot and that is also at very high rate, you should exercise your easement right to get access to your plot though that is not available against the private person for his legal property, but yes there can be a case to understand the way out of the problem.
  4. You should also give a representation to the road owing agency as to how they have done it when you have sale deed of the exact plot area.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

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