• Private path to my house

I purchased a land with a path leading to my house. That is the ONLY path for my property. No one else requires the pathway as the adjacent owners have their separate entrances. The pathway is not registered in my name but was told that I will only be using it. However in recent days the owner of the adjacent ( to the path) property opened his wall for his car parking(though he has seperate way for his property). He is troubling and says it is common and started obstructing it for construction. Does he have any right on the pathway. What should I do? I'm so worried. Can I approach to any lawyer to declare as private path for me?
Asked 1 year ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu
The ingress and egress to your property cannot be obstructed by anyone especially if that is the only way to  approach your property.  
If the neighbor's act becomes obstructive to your easement rights, you can file a mandatory suit restraining the neighbor from interfering or obstructing your way.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
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
23315 Answers
1220 Consultations
5.0 on 5.0
Hi
 You should send a legal notice and approach the court with an injunction restraining others from using  it and get it decreased as it your private path.
if you have purchased it why did not you register it in your name. Take steps to register it , demand the sellor to register it in your name. 
You can rely on the agreement if any you made with the seller and mode of payment to show that you have purchased it by paying . Collect those proof. 
Consult an advocate locally and proceed with initiating a legal step to secure your right of path.
 Yes you can get a gate fixed , but before that ensure the legal steps are taken to get it declared.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1) you have only right of access 

2) you cannot erect any gate on the said pathway 
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
1. Yes, you can construct a makeshift structure to pin point you area of usage.
2. Since you have only easementary right over it and no ownership you can not make permanent construction over it.
3. You have acquired a right of over over the pathway which can not be taken away by its original owner.
Devajyoti Barman
Advocate, Kolkata
5234 Answers
54 Consultations
4.9 on 5.0
Do not adopt illegal means to any action that you may intend to do.  Installing a gate means you are depriving others rights/privileges of using the common path.  
You may consult a local lawyer by apprising him with the actual situation and take his guidance to proceed on the mater. 
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
1. Does your sale deed state that you will be entitled to use the path to access your property?

2. The pathway can be commonly used by all those who are without any alternate path of their own to access their property. 

3. The legal recourse available to you is to issue a lawyer's notice to the owner asking him to not to impede the use of path by you. If the legal notice from your lawyer does not produce the desired result then you can file a lawsuit to seek judicial directions to him to not to obstruct the use of path by you.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. The said pathway is not registered in your name,

2. It has nowhere been specified that you only have the right to use the said pathway title of which does not stand in your name,

3. Who had told you that you only can use the said pathway as has been mentioned in your query?

4. If the owner of the land on which the pathway is situated told you so, then ask him to register it in your name to make it your exclusive pathway,

5. In absence of title of the pathway, your neighbour can use it for entering his car in to his property,

6. However, he can not obstruct the pathway in any manner and if he does so, you should lodge a police complaint against him for obstructing your pathway. 
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
233 Consultations
5.0 on 5.0
1. Of Course you can construct a gate on the pathway blocking everybody's access to the pathway provided you are conveyed with the title of the land of the pathway by its present title holder,

2. You can not construct the gate on the pathway through a lawyer but through its title holder as advised above.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
233 Consultations
5.0 on 5.0

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