Your neighbour can easmentary right of necessity if there is no other access to their land
refuse to give them access if there is shorter pathway available
Easement/Right of way agricultural property
Our family has owned agricultural property for about 100 years. There are adjacent agricultural properties to ours. One of the other property owners has owned and occupied their land for about 15 years. We have no knowledge as to how they moved their crops off their farm. This is the first year they are claiming that they moved crops on a “road” that is through our property. The “road” that they claim is not a road but a path that our farmer uses to water the established large fruit trees such as mango, wood apple, jackfruit, lemon and others that have been on our property. They would not have been able to use this path to move any crops and we have not seen them doing so. They are claiming it is necessary to go through our agricultural farm to reach the public road to take their crops to market, however, there is a farm that is adjacent to the other side of their farm that has shorter access to a public road that will allow them easier access to the public road. So, for 15 years they took crops to market another way and now, all of a sudden, it seems for convenience rather than necessity, they would rather go through our property. What can we do?
Asked 2 years ago in Property Law
Religion: Hindu
11 Answers
The distance through our farm is 253.3 meters, the distance through the shortest is 134.62 meters. What is the statute or section of the easement act that we can claim and is there a precedence case we should be looking at?
Asked 2 years ago
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.
You can claim the right to pass from it unless you don't have any other easy route for the same.
Actually they're trying to encroach your peace of land. So, you can barred them by putting barriers on boundary to their sides.
And give proper notice to them to use or access the shortest distance from their land.
Dear client,
Provisions on adverse possession are made under the Limitation Act, 1963. In case an owner does not stake his claim over his property for 12 years, a squatter can acquire legal rights over the property. You can file a written complaint with the police against it. A written complaint can be sent to the Superintendent of Police (S.P.) of the district where the property is situated by way of a registered post or by visiting the concerned police station.
Thank you
If there is no arrangement either in their sale deed or in your sale making provisions for easement rights for the passage to them for their ingress and egress purpose, you may very well deny them and object to their usage of your property for their passage purpose.
If they still claim any rights over it, you may obtain an order of injunction against them from an appropriate court of law restraining them from interfering in your possession and enjoyment of your property.
You may have to first ascertain that if they have been permitted to use your land for their ingress and egress purpose i.e. whether they were given easement rights to use your land.
If no such rights were bestowed on them, then you may have to file an injunction suit restricting them from using your land or threatening to use your land at their convenience.
You may discuss with your advocate and file a suit for bare/mandatory injunction agaisnt them restraining them from interfering in the possession and enjoyment of your land for any reason other than by due process of law.
1. As per law, they are entitled to use the path which is shorter for their reaching the public road.
2. Report the matter to police alleging trespass in to your land.
1. It is the well settled proposition of law that shortest route to the public road is to be availed by the landlocked owner of the land.
2. He shall have to show reason as to why does he want to take the longer route to reach the public road to take his crops to the market.
File a suit for injunction
The neighbour cannot claim any right under the easement act if a shorter route is available
It appears they are purposely going through your property in order to lay claim over it under a purported right under the easement act
- In legal terms, a private road is a road not open to the general public without permission,
- Further, none having right to use the others land for any reasons without getting the consent of the land owner.
- Further, if any person try to interfere in others land without getting consent , then it considered as an offence of trespassing.
- Hence, you can disallow the said neighbor for using your agriculture land without getting your consent, and if not stop then file a compliant to the police and higher official against him.
- Further, you can also restrained him from using yoru land after filing an Injunction suit before the court.
