• Issue with road

Hello,
I need your expertise support as we have issue with using road to reach our home.
We are living in owned house in from last 25 years. There is a road in front of our house and there are several houses on the other side of the road. Person who Alienated the land during 1985-86 and made sites during 1985-86 in opposite end of road is now stopping us to use this road, since he says that road is his property as he has left the road only for his site holders. We dont have any alternative road to access external world.  We tried to convince him saying that Alienation makes road has public but he is not a in a position to listen. A complaint to Local police station has also not yielded any results since they closed complaint saying that they need documents in which road is shown as public.
Could you please kindly help us, how should we handle this?
Asked 1 year ago in Civil Law from Hassan, Karnataka
1) 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.

2) you can claim easmentary right  of necessity as there is no other way to reach your house 

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
23383 Answers
1228 Consultations
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A. First, you need to get confirmation as to whether any government existence road is there or not? so you have to get Village map or layout sketch or particular land survey sketch to ascertain the road.

B. Secondly, do you have any alternative road to approach your owned house? if no, you can claim the easementary right towards the road subject to usage of road more than 20 years but you have to prove your right before the Court of law.

C. Thirdly, you submit an application under the RTI act before the local authority to divulge the information about the particular portion.

D. Don't lodge the complaint before the police station due to the nature of complication is civil matter and you can approach the Court if had any microscopic documents to establish your easementary right subject unavailable of alternative road.
B.T. Ravi
Advocate, Bangalore
738 Answers
31 Consultations
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right to enter your property i.e., ingress and egress is your right and you have been exercising it since 25 years without interference, now if he tries to interfere then go to civil court and take injunction against him.
 
Kiran N. Murthy
Advocate, Bangalore
766 Answers
51 Consultations
5.0 on 5.0
1. You have easement right i.e. right for ingress and outgress to and from your land,

2. File a petition claiming your said easement right,

3. Also file an application praying for a direction upon the said person for not restraining yourself and your family members in using the said road till the disposal of the application,

4. In the said application also pray for a direction upon the local police for ensuring that you and your family members are not restrained by the said person from using the said road.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Hello,

1) If the road has been in use by you uninterruptedly for 25 years and if that is the only access to your property, by virtue of easement rights you can claim right on the use of the road.

2) Easement rights is defined as  "A right of use over the property of another. Traditionally the permitted kinds of uses were limited, the most important being rights of way and rights concerning flowing waters. The easement was normally for the benefit of adjoining lands, no matter who the owner was (an easement appurtenant), rather than for the benefit of a specific individual (easement in gross)"

3) In the current instance your right falls under : An easement by prescription arises through an individual's use of land as opposed to the possession thereof. An easement of this nature will be recognized in these instances: (1) the easement is adverse or contrary to the interests, and absent the permission, of the landowner; (2) it is open and notorious; (3) it is continuous and uninterrupted; and (4) it exists for the period of time prescribed by state statute. If for a period of time beyond the prescribed statutory period A creates and openly uses a right of way across B's land without B's permission then an easement by prescription is created.

4) Therefore you need to file a suit in the civil court to establish your rights.Engage a local lawyer to do so.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
It is advisable that you immediately proceed and file an easementary suit against them claiming your lawful right. Further along with it file an application seeking direction to the other party from prohibiting you to access the route. To get the document which says that the road is public, you can file RTI with the municipal corporation to know the status of that land. 
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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You can file a mandatory injunction suit against them for restraining them from objecting to your usage of the pathway to the access of your house from roadside which is called as easement rights.  
You can add relief for easement rights too in the suit.
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
1. If there is no alternative path to access your house you can enforce the right to easement against the person who claims to own the land.

2. Police has no legal authority to interfere in a dispute of this nature where personal rights have been violated. They can be enforced only through a court of law.

3. You can seek the appropriate orders from the court to this man to allow you to use the road to access your house.
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
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1. you have accrued valid easement right over the road because you have been using it for more than 20 years. 

2. if any benefit is enjoyed by owner of immovable property adjacent to it's land for more than 20 years uninterruptedly then he can claim his right over that property it does not matter that that property is private property.

3. file civil suit for temporary injunction and declaration of your right on the property under specific relief act.  
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
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1. you can file application under section 144/145/146 crpc before executive magistrate for determination of your right. 

2. magistrate shall pass an order ans call him to appear with the document upon which he relies for his right. thereafter he will decide the matter immediately. if dispute persists then he can take bond for maintaing peace.  
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
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1) you can rely upon clauses in sale  deed of your neighbour to show that as per his own admission there is 15 feet wide road for aceess to land sold by your neighbour 

2) you don't need to demolish part of your house to use the road 

3) you have to move court to claim easementary right of necessity to access to your plot as there is no other way to reach your house 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
The road issue has to be clearly clarified by the competent authorities without which you should not hurry in any decision to be taken in this regard.  You can approach court for the relief you require  for the present situation since the neighbors are not cooperating.  You should not bother about what the neighbor is doing or what he is supposed to do, you restrict your claim to your relief alone. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
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1. You can use the road by enforcing the right to easement through court.

2. If you fear demolition of your house you may proceed to seek a stay order from the court. 
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
5.0 on 5.0
1. Based on the information provided by you, it now appears to be absolutely appropriate to seek legal interference as suggested in my earlier post,

2. File the application as suggested in my earlier post praying for a stay order restraining  demolision of your house.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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