1. If there is no alternative land available for you to access your property then you have a right to easement over the land of your neighbour to access your house.

2. A suit for declaration of your easementary right and permanent injunction to restrain the neighbour so that he does not disallow you from passing through his land, may be filed by you in the competent civil court.

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 .

1. File local Civil Court suit for Right of carriage way, under the provision of the Easement Act, supported with Architect's Report of layout of the entire plot.

2. The Court will direct the local Revenue /Municipal authorities to create carriage way (Truck'ble road) and issue restraining directions to the other property owner 

First you peruse your title document o f land and its boundaries. Is there any road access is provided in that document. Check who is the predecessor of the adjourning land and your property. Someone who accesses their property or property rights by travelling over someone else’s land by way of an easement. Easements can be created in a number of different ways, but easements are most often granted in deeds and other recordable instruments. 

“No Man Is an Island” is a well known saying that seems to advance the thought that all persons are connected to each other by common goals and obligations. The same can be said for real property: “No land exists in isolation.” If one owns land, one must deal with all the people that surround the land and who own land that gives access to one’s land. “An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own,” reads the Indian Easements Act, 1882.

You can claim easmentary right of necessity as there is no other access to your house.  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.

So approach a civil court and obtain permanent injunction restraining your neighbour from obstructing your right of passage. You may consult a local advocate and discuss the legal points on the basis of the property documents and proceed with the suggestion received in this regard.

Dear Sir,

You have all the basic rights to reach a main road and for this the neighbours would be bound to give access to reach the main road. You are suggested to serve a legal notice and then file a case of injunction permanent against the concerned neighbours so that they may not stop you in future for access to main road. 

You have easement right of way to other land for beneficial enjoyment of your property. 

If you have no other convenient way for ingress or outgress you can use other land which is most convenient for this purpose and you can get court order to this effect. 

Dear Sir,

As suggested you have the basic right to reach the main road and it can't be stopped by anyone. For this, please serve a legal notice to the neighbour who blocked the path and then file the case in district court for the same. 

1. I have already stated in my reply 'what are the ways' for you to enforce your right to access your property.

2. The possibilities are good.

There are no possibilities that court will orovide you way from someone's private property. 

Check out with the layout plan of the area from the land revenue office. 

If there is no road shown in the map of colony or area than you have to buy the way from the owners .

It is not possible that someone constructed house during night in front of your gate and you are locked in house. Please look out for the map. 

Still you want to get into legal with the other neighbors than send them a legal notice first and than file a specific performance suit. 

1. Well in normal circumstances one is not bound to allow his property to other to have access to main road. 

2. However if it's established that tge other is using the private property for many years to reach the main road and the same is only way out then he acquires easementary right over the private property of another. 

3. If the same has also occurred in your case then you will have to file a civil suit for declaration and mandatory injunction. 

Hi 

In law, it is called easement rights(right of way),  which is a fundamental right under our constitution.

You can claim this right through court , if you can demonstrate that this easement rights existing prior and that others have access to the road through this path and as such you also have access to the same. 

You can approach the court under Order 39, Rule 1 CPC and obtain injunction order against your neighbours and also the road . 

Hope this information is useful. 

Since your neighbour is not permitting you access  you have to take legal proceedings as mentioned herein above 

Hello,

1) You have easement rights over the neighbour's property to get the way over his land to your house, if you have no other way to get to your house.

2) The history of the path that was leading to your house during and before its construction will be of great bearing in your exercising the right.

3) If he is disagreeable to negotiations, you will have to approach a civil court for your remedy.

You can file a petion under easement act and seek permission of the court in the same. Court will not interfere in private property if there is any other way to enter your house. 

- In legal terms, a private road is a road not open to the general public without permission,

- Since , your house is block from all sides by the neighbors  and you are unable to approach the main road, hence such acts of neighbors are against the law. 

- Firstly you should lodge your complaint with the commissioner of Municipal corporation of your area for arranging the same. 

- if no response, then file a suit against your neighbors under The Indian Easement act ,  for claiming path to your house from their property.

.- under section 35 of the Indian Easement Act , you can obtain permanent injunction restraining your neighbors from obstructing your right to access till main road.

- Further, if you are using the said road for long period., then you can get order from the court on the ground of adverse possession as well. 

If you need legal protection, approach a lawyer with document related to property without any delay. Otherwise, you have to negotiate with your neighbor and buy the road access through his land.

What is your document for the property states about this road access?

You could not have bought the property which is not provided with the road access.

What have you been doing so far for road access from your house property?

Whether your neighbor has blocked your road access pathway suddenly or ever since your purchase?

What is the opinion about this from your your vendor?

Well, if you are affected then you can file a suit for easement rights for easement by necessity.

This consists of the circumstances where the owner or occupier cannot use his property without exercising the right of easement over the servient heritage. Thus, absolute necessity is the test and the convenience.

For example: 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.

For exercising the right of easements, owners of the two properties shall be different and not a single person.

The easementary right exists only when two heritages are adjacent to each other. It is a right in rem, which means a right available against the whole world. Easement as a right is always annexed to the dominant tenement. It is a right of re-aliena which means a right over a servient tenement and no on one’s own land.

Section 13 of the act deals with this. This consists of the circumstances where the owner or occupier  cannot use his property without exercising the right of easement over the servient heritage. Thus, absolute necessity is the test and the convenience.

For example– X sells his land  to Y for agricultural purpose. Here, Y cannot access his land without passing through Z’s land (his neighbour). Thus, this is an easement of necessity.

When a joint property is partitioned among various coparceners and if right of easement over one share of the property is essential for the enjoyment of the share of the other coparcener then latter shall be entitled to easement.

Right of easement is a right appurtenant to immovable property.

It is a right which can be annexed to  the property to which it is attached.

You may proceed with a sit for easement rights as suggested or by an advice of a local advocate.

Section 13 of the act deals with this. This consists of the circumstances where the owner or occupier  cannot use his property without exercising the right of easement over the servient heritage. Thus, absolute necessity is the test and the convenience.

For example– X sells his land  to Y for agricultural purpose. Here, Y cannot access his land without passing through Z’s land (his neighbour). Thus, this is an easement of necessity.

When a joint property is partitioned among various coparceners and if right of easement over one share of the property is essential for the enjoyment of the share of the other coparcener then latter shall be entitled to easement.

Right of easement is a right appurtenant to immovable property.

It is a right which can be annexed to  the property to which it is attached.

You may proceed with a sit for easement rights as suggested or by an advice of a local advocate.

Section 13 of the act deals with this. This consists of the circumstances where the owner or occupier  cannot use his property without exercising the right of easement over the servient heritage. Thus, absolute necessity is the test and the convenience.

For example– X sells his land  to Y for agricultural purpose. Here, Y cannot access his land without passing through Z’s land (his neighbour). Thus, this is an easement of necessity.

When a joint property is partitioned among various coparceners and if right of easement over one share of the property is essential for the enjoyment of the share of the other coparcener then latter shall be entitled to easement.

Right of easement is a right appurtenant to immovable property.

It is a right which can be annexed to  the property to which it is attached.

You may proceed with a sit for easement rights as suggested or by an advice of a local advocate.

There has to be a way under the right of way and easement you can file a case. But how could there not be any way for your house. Did someone encroach upon a public path.

Access to a public path way is your right and hence cannot be denied. You should send a legal notice to the people living there and a case must be filed in the civil court.

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.

Obviously you will get that right too. 

1. If there is no other path to access the main road you can file a suit for the way claiming the easement of necessity. Further an interim application can be filed praying before court to use the way pending the suit.

1. See if there is not at all any alternate route you will get access to the private road to access your property.

1. You can file suit against the property owner to claim access to road from your house as it is your right. 

2. The suit should be filed under Indian Easement act 1882.

3. You can claim the access only if there is no other way to access your house and neighbour is blocking the access path. 

1. As per the information mentioned in the present query, makes it clear that your easement rights have been violated by your neighbour.
2. I would like to apprise you that you have the fundamental right to move freely without any obstacles by any one.
3. You have the easement right also to get through the road and you can file civil suit before the court of law seeking right to passage permanently and along with an application for temporary permission for the said purpose till the final outcome of the suit.