Hi - I have a question regarding "Right to Path" over a piece of disputed land that connects the main road to my property in Karnataka. Situation- I have a property/land that connects the main/inner road via a piece of land that is owned by my neighbor(Say "PATH X"). This path X has been used by me and my grandfathers for the past 50+ years to get to the road, as this is the only path that connects my property to the road. Few Notes worth mentioning - 1. The Neighbors land this "PATH X" is a part of is a Non Agricultural land and they claim that they have complete right to close this path 2. My Property which is an agricultural property has a house and a field for the past 50+ years. 3. The total path is 5 ft wide and 90ft long. Question - 1. Does my neighbor has the right to close "PATH X" , if so what are my options to get a path to my property ? 2. If I am entitled for "Right to Path" - am i entitled for the complete path (5ft * 90ft) that I have been using today ? 2. Does the law allow me to enhance/construct the current path ? eg - Can i have an interlock installed or build a tar road ?
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Your neighbour cannot close the pathway
2) you can claim easmentary right of prescription as you have enjoyed use of pathway for 50 years
3) in alternative claim easmentary right of necessity as there is no other access to your land
4) you are entitled to use complete path that you are using today
Thank you very much Ajay. can you please help answer the below question as well - 3. Does the law allow me to enhance/construct the current path ? eg - Can i have an interlock installed or build a tar road ?
If your neighbour dues not permit building a tar road you would need court orders to do so
Thank you for the prompt response. Just a follow up question - What serves a valid proof that we have been using this path ? i.e Would a age old photo of the path do, or a testimony from other neighbors ?
1. If your documents mention your rights in the common passage or if you have evidence to prove that you had been using this pathway for the last five decades, you can claim easement rights for ingress and egress and road access from your property by filing a suit for mandatory injunction with the relief for easement rights by necessity.
2. You would be having rights for usage alone.
3. You may not be able to acquire the property belonging to a third party but can claim easement rights as mentioned above.
You may not be allowed to put any construction in the pathway if you don't have a registered sale deed to establish your title and interest in the property where you propose to have this construction.
The documents pertaining to your land describing the pathway adjacent to your land and the revenue records as well as the sketch of the pathway connecting you to access the road from your land.
Affidavit of neighbours that you have been using pathway for number of years should help you in making out a case
An easementary right under Section 18 of THE INDIAN EASEMENTS ACT, 1882 to use the pathway is acquired by accrued to you by virtue of continuous and uninterrupted use by you and your forefathers for fifty years. File a suit in district Court seeking perpetual injunction against neighbour not to interfere in use of pathway in any manner.
Right cannot be enhanced by you. Court does not expect you to prove the use of land by direct proof like videos spanning fifty years. The fact that property is land locked and is in use itself proof that pathway is being used to access the land. It is for him to property that you are not use the pathway and accessing property through other means.
Yes both photos and testimony will do
Hi, your neighbor has no right to close the path. You have easementary right over the path. Suppose, If they block the Road then you will approach the Court over easementary right.
Dear Client,
According to Section 58, no fact requires to be proved in any suit which the parties to the suit, or their agents agree of admission at the hearing, or which they agree to admit in writing, prior to the hearing or which they under any existing rule of pleading are deemed to have been admitted through their pleadings.Evidence, in law, any of the material items or assertions of fact that may be submitted to a competent tribunal as a means of ascertaining the truth of any alleged matter of fact under investigation before it.When one fact is declared by this Act to be conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.Refers to the act of the court in taking cognizance of matters as true or as existing without need of the introduction of evidence, or the authority of the court to accept certain matters as facts even if no evidence of their existence has been presented.Also refer to Madras High Court judgement Samraj vs Chinnasami Gounder on 22 February, 2012.
Thanks & Regards
- In legal terms, a private road is a road not open to the general public without permission,
- Since, you are using the said PATH for a longer period ,then you can get order from the court on the ground of adverse possession.
- Further, under section 35 of the Indian Easement Act , you can obtain permanent injunction restraining your neighbors from obstructing your right to access till main road.
