• The Easement Act

Hello Team, 
I'm from village Sukhasan District Madhepura Bihar. 
I don't have way to the main road. I live on the left side portion of the plot which doesn't have direct way to road. The right portion of the plot is connected to the road which is used by my cousin uncles. When the rough measurement was done for the entire plot amongst my uncles, it was clearly said that everyone should get a way to the road since it was the same plot. Now they are reluctant to do so.please guide me.
Asked 5 years ago in Property Law
Religion: Hindu

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14 Answers

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

 

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
99782 Answers
8145 Consultations

You can apply to Tehsildar or collector for the road or way to your land and its your right as per the Easement Act.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can file a case under easement Act and seek court directions from court

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

You may file suit before the court claiming easement right , in case there is no road to your property you may claim easement of necessity in a suit.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Get the demsrcation done for the way from the officials of land revenue office of your district.

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

-  Since, you dont have way to the main road , and unable to approach the main road, , and the said act of cousin uncles for disallowing you to use the road of their side is against the law. 

- Firstly you should lodge your complaint with the commissioner of Municipal Corporation of your area for arranging a road to connect with the main road.  

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

.- Further , under section 35 of the Indian Easement Act , you can obtain permanent injunction restraining your uncles 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. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Sir,

You are suggested to serve the legal notice for access to road and then file the case of the declaration and injunction against them. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

File suit in court to enforce easement right. Right to path.

First complain to police for wrongful restrain to reach your house.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

If you do not have pathway for road access or your road access has been denied by your neighbors then you can file a suit for bare injunction seeking easement rights for ingress and egress facilities  for access to road from your house.

You may contact a local advocate and file a suit for easement rights immediately.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

Right of easement of necessity can be claimed by you from your uncles.

You can file suit claim rights of easement from your uncles for "Necessity" (if no other alternate access) is not there.

You can also file suit for perpetual injunction restraining  them from disturbing from your access.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. You will have to get a Govt. Survey (not private survey) done thru the Tahsil Office and obtain proper layout plan and his report relating to non-existence of approach road.

2. Based on above govt. survey report, file petition for "right of way" under the Easement Act, in the local Civil Court, wherein you are sure to obtain order and directions to other co-owners of the layout plan, for your approach road.  There is no other simpler remedy for this.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

you have to file a civil case for getting your easement rights. Do you have any other path way to enter into your property?. You have to prove your usage in others property for easement rights.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. If you do not have an independent path to access your land then easement through necessity survives to you over the land of your cousin uncles.

2. You are free to file a suit for declaration of easementary right and permanent injunction to restrain them from blocking you to use their land to reach your plot.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1..You should file a suit to claim way to road under Indian Easement act against owner of plot adjacent to your house. 

2. In this suit claim permanent injunction against your uncle to restrain them from blocking your access and also direct them to provide necessary access to your house. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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