• Road access to agricultural land

Hi , the agricultural property is been shared by brothers of same family (sons of one parent , not cousins ) .It is written in the Will but an unregistered will during 1985-1986 . When the property was shared the survivors din’t show the road marking in 1985-1986 , we used the roads when coffee plants were small . Now the plants have grown big & the branches are covered . So person A & B ( brothers ) also need access to their estate . My estate comes at last village boundary , so I have walk all the way passing through A B . They deny access to my estate & they don’t cut the branches due to ego etc . So question is 
1) how to access my estate when I don’t have any options Showing road in village map or RTC or etc 
2) can I get a injunction order &how long does it take 
3) should I send a lawyer notice first 
4) can I claim elementary right to road 
5)can I claim easmentry right of necessity to access land 
How quickly can I get my issues solved in court (time required )
Asked 11 days ago in Property Law
Religion: Hindu

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5 Answers

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

 

2) issue legal notice to brothers 

 

3) 

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.

4) 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
81189 Answers
5022 Consultations

5.0 on 5.0

1. You should issue a legal notice to him

2. Yes, you can file the suit , and it may ended up with a settlement .

3. Yes

4. Yes, under section 35 of the Indian Easement Act 

5. Yes, 

Mohammed Shahzad
Advocate, Delhi
6333 Answers
65 Consultations

5.0 on 5.0

If the property is originated from common predecessor in interest in favor of claimants, the claimants have a right to claim easement of necessity. You have to file a suit for that, and you will get it. You want early resolution but your opponents will want to drag it, therefore no fixed lime can be predicted.

Ravi Shinde
Advocate, Hyderabad
323 Answers
2 Consultations

5.0 on 5.0

1. If that is the only option or pathway to access your road for ingress and egress, you may file a suit for easement rights for easement by necessity.

2. You can get a permanent injunction too restraining them from blocking your pathway, but it will take time to dispose the suit.

3. You can issue a lawyer's notice and then file a suit.

4. You can claim easement rights.

5. Yes

6. It may take two to three years or even beyond that to get the case disposed.

 

T Kalaiselvan
Advocate, Vellore
71247 Answers
1021 Consultations

5.0 on 5.0

Dear Sir/Ma'am

In your case, you can file a suit for easement rights on the grounds of "Right of Way" which is a right which the owner of a property has to compel the owner of another property to allow something to be done, or to refrain from doing something on the survient element for the benefit of the dominant tenement. 

Yes, you can get an injunction order for the same but an easement would last only as long as the absolute necessity existed and such a legal extinction could not apply to an acquisition by grant- if a right of way was provided to a particular sharer, it could not be extinguished merely because such sharer had another alternative way.

Yes, you can send the notice to the lawyer and then file a suit for the above rights. Under Section 13 of the Indian Easements Act, 1882, you can definitely claim for the elementary right to the road. 

U/s 35 of the Indian Easements Act, 1882, the injunction to restrain disturbance, subject to the provisions of the Specific Relief Act can be filed for, which will ensure that your easement is not disturbed, and if it does, you can be compensated by the other parties. 

The time period for the same is not fixed, it varies in different cases. Thank You

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Anik Miu
Advocate, Bangalore
583 Answers
3 Consultations

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