Pathway on plotted agricultural land

I purchased a agricultural land that was plotted around 15 years back. Over the years I had barbed wire perimeter fence installed couple of times. The barbed wire is usually cut in a years time by locals to graze cattle or for shorter access to adjoining fields. Now there is a pathway across the field used by locals with two wheeler traffic. The adjacent plot does have alternate road access, this pathway is primarily used as a short cut. 

Wondering if I should consider putting up a concrete panel fence. I don't expect the concrete panel fence to last for a long time too. Wondering if there would be right of access if nothing is done to prevent the existing usage for a long time.

Asked 4 years ago in Property Law

Religion: Other

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

Ask a question

5 Answers

If adjacent plot has alternative access to road then they cannot claim easmentary right of necessity

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.

Ajay Sethi

Advocate, Mumbai

Available Now

100022 Answers

8164 Consultations

Talk to Advocate Ajay Sethi NOW!

Legally, you have every right to protect your property. Before putting up a concrete compound wall, better to engage a government-approved surveyor to measure your property and earmark the boundaries correctly on the basis of your title document and also the relevant Revenue records. If you do so, you can very well prevent any trespassers from claiming any pathway rights over your property.

Swaminathan Neelakantan

Advocate, Coimbatore

3082 Answers

20 Consultations

Talk to Advocate Swaminathan Neelakantan

You can do the same.

Prashant Nayak

Advocate, Mumbai

34697 Answers

249 Consultations

Talk to Advocate Prashant Nayak

- In legal terms, a private road is a road not open to the general public without permission,

- Since, you have purchased that land , which some area is used by the public as pathway , then for stopping the same you can fix a signboard with Private Property and not for trespassed.

- As per law, any portion of that land cannot be used by any person without getting your consent , and if any persons doing this then a compliant for the offence of trespassing can be lodged to the police and higher official.

- Further if you will not stop the usage for the longer period , then they can be claim the right of path under the easement Act.

- However, as there is already a road , then they cannot claim this right .