• Easement

Can an easement be made ageist us and put on the seeds without it being put on the deeds of our neighbour who’s land he also has to cross. Ie number 5 want easement on number 1 but not number 3
Asked 4 days ago in Property Law
Religion: Christian

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17 Answers

Your neighbour can easmentary rights of necessity if there is no other access to his land 

 

2) he would have to claim easmentary rights on other land also if he needs to cross it to access his land 

Ajay Sethi
Advocate, Mumbai
78484 Answers
4708 Consultations

5.0 on 5.0

It can be made

Rahul Jatain
Advocate, Rohtak
5056 Answers
4 Consultations

4.8 on 5.0

1. Your query is absolutely not clear to me. 

2. Unless and until at least 15 years have been used of another person's land as a pathway as a only access point then only easementary right can be established. 

Devajyoti Barman
Advocate, Kolkata
21380 Answers
306 Consultations

5.0 on 5.0

You are not only getting confused with incomplete information provided here while seeking opinion, but also re  confusing the experts here.

If at all your neighbor has easement rights mentioned in his registered title deed, then he is entitled for it.

 

T Kalaiselvan
Advocate, Vellore
68510 Answers
918 Consultations

5.0 on 5.0

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.This right is granted because without the existence of this right an occupier or owner cannot fully enjoy his own property.

It includes the right to do or continue to do something or to prevent or to continue to prevent something in connection with or in respect of some other land, which is not his own, for the enjoyment of his own land

 

Ajay N S
Advocate, Ernakulam
3568 Answers
71 Consultations

5.0 on 5.0

Easement should be claimed against all the neighbours whose land is situated between access to road and it doesnt have to be mentioned in the sales deed. 

Mohit Kapoor
Advocate, Rohtak
10302 Answers
7 Consultations

5.0 on 5.0

No it can't be made in above manner. 

Prashant Nayak
Advocate, Mumbai
21783 Answers
45 Consultations

4.4 on 5.0

An easement is a right to use another''s property. It is a right, which the owner of a particular land enjoys over an adjacent property, which he does not possess. It is the right over a property belonging to someone else and not to the person claiming easement.

Mohammed Mujeeb
Advocate, Hyderabad
18398 Answers
11 Consultations

4.5 on 5.0

If the land layout is available than kindly check the way from main road till 1 to 5. Is it so require to give pathway than provide it as per easement act.

Ganesh Kadam
Advocate, Pune
11382 Answers
103 Consultations

4.9 on 5.0

Dear Sir/Madam,

It is suggested that  from your query is not clear that what advice is being sought by you. You are suggested to clarify the same, so that actual advice can be rendered. 

Ganesh Singh
Advocate, New Delhi
6225 Answers
13 Consultations

4.5 on 5.0

Dear sir,

Easement right or right to way is attached to the land. There is not even a formal requirement to put it in a deed.

If he has a necessity to cross your land to access his land then he can claim it against you regardless of claiming against the neighbour. 

Ultimately neighbor would also be responsible to provide a right of way even if it is not mentioned in the deed. 

Agam Sharma
Advocate, New Delhi
514 Answers
4 Consultations

5.0 on 5.0

1. Property holder who does not have approach road or carriage-way to his property, derives right to demand such approach road upto his property, irrespective of how many other properties or survey numbers are involved.  This is possible under the Easement Act, thru either a mutual settlement deed or via a Civil Court order.

Hemant Agarwal
Advocate, Mumbai
5331 Answers
25 Consultations

5.0 on 5.0

that certainly cannot be unless there is some bridge which connects the 2 plots without covering number 3 plot

Yusuf Rampurawala
Advocate, Mumbai
5615 Answers
34 Consultations

5.0 on 5.0

Yes .

Swarupananda Neogi
Advocate, Kolkata
2865 Answers
6 Consultations

4.7 on 5.0

In order to invoke the right  of Easement, the person should prove his right of easement against all concerned because of whom his / her right is obstructed / infringed.

 

S Srinivasa Prasad
Advocate, Hyderabad
2743 Answers
9 Consultations

5.0 on 5.0

In case he files any suit claiming easement right through your land, you shall have to challenge the same fittingly arguing that easement should be through the shortest route to the road/path and not as per the wish of the claimant.

Krishna Kishore Ganguly
Advocate, Kolkata
24571 Answers
696 Consultations

5.0 on 5.0

This issue can be raised. Both are responsible for the safe passage and hence the other neighbour has also to he held responsible.

Rahul Mishra
Advocate, Lucknow
11143 Answers
19 Consultations

5.0 on 5.0

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