• Path to my house

1. We are living in our house for more than 30 years
2. When we purchased land, the land owner has mentioned a walk way through his land as path to reach road. It has been recorded so in the document.
3. Later land owner has told us to take how much ever we need to make a proper road (4wheler to move). He has written it in a letter and signed. 
4. We did construct a proper road which connects to Main road. 10ft wide road.
5. There are 3 more houses (belonging to SC caste) on the same lane and they also have only that as route. 
6. There is no other route which gives access to all of our houses. We all use same route. 
7. Land owner who wrote it in paper has passed away may be 15years back. We did not legalize it too. Its still in a paper. 
8. Now land owner has sold the property to third party. 
9. Same party's brother bought adjustcent land too.
10. The road we constructed falls into these two lands and now both are with two brothers. 
11. Now new owner is saying that he will block the road. Or to the maximum possible, he can only give 2 ft wide path to reach to houses. 
12. He has already brought excavator and took off 25% of road and we cannot go by 4 wheeler now anymore. 
13. He is asking to buy his other side land and thereby make new road, for very high price. This will give access to 2 houses out of 4. 
14. He is planning to construct commercial complex as well as an housing apartments 
15. What can I do? Do I have any option than buying other side land to construct new road? 
16. Can easement act be of any help for me? If yes, does it mention that atleast a road of width where ambulance should pass be given? 
17. I need a road where heavy vehicle can also pass so that I can construct another house in same property 
18. Local lawyers are saying i have no option than purchasing a land from them! 

Thank you very much for reading and answering.
Asked 4 years ago in Property Law
Religion: Hindu

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7 Answers

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

 

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.

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
99775 Answers
8145 Consultations

Dear client, 

yes, you will have to buy the land. It is very unlikely for the easement act to help you out in this case. 

Thank you

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

You have two options:

1.to purchase the adjacent land from yor neighbor after which you can utilise it exclusively for your own purpose alone, i.e., whether you lay a rod or construct a building in it.

By this process you may avoid unnecessary litigation and its repercussions, i.e., litigation expense, lawyer's fee, your valuable time and energy.

This option may provide you a easy and permanent solution to your problem;

2. By this option, you may have to file a suit for easement rights for road access from your property to road, i.e., ingress and egress purpose.

You may file  suit for easement by necessity on the basis of  your documents and by operating law of adverse possession as well as by predecessor's rights.

The suit may run for years by which you will have to meet the litigation expenses besides lawyer's fee and also have to run between court and home frequently for the purpose of this case.   

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can seek easement rights through court

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

It should be sufficient for car to pass 

 

2) mere walk through is not sufficient 

 

3) rely upon affidavit of witnesses that earlier road width was sufficient for cars to pass through 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The purpose is easement by necessity for ingress and egress purpose.

You had been using the pathway all these years in the land belonging to other person (neighbor), since you have a mention about the permission to use the land for your easement purpose, you can claim mentioning the extent, let the court decide about the extent that can be allowed in the given circumstance. 

If it was an agricultural land, then you can very well claim passage for bullock cart passage. 

you may not be able to claim easement rights to the extent of passage of four wheeler through that passage even though you had been using it so long, or you can offer to buy that extent of land for your exclusive usage in your suit for easement rights.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. There is no such straight jacket formula

2. Yes if they allow no right

3. Yes you can claim the same from court

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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