Both sale deeds, your neighbour's and yours, have to be examined to offer you proper advice. Only then can we know what was conveyed to each of you. Please have the sale deeds perused by a competent lawyer and take appropriate action as advised by him/her.
New neighbours are claiming they have bought the access road provided to me by by seller
Hi Folks, I had bought a property around 20 years back from a lady. At that time , she was selling 2 adjacent properties ( one in the left and on in the right, i bought the one of the left ). Both these properties have a common access road to the north connecting to another smaller road on the west. Now around a year back , the same lady sold the right side property to a new owner , but she also sold the access road to him. Now the new owner has been warning me of trespassing his property since we use the same access road. The drawing of the access road is in my property plan and house plan, it is also mentioned in my sale deed that "To the north: reserved access road and drainage". Is it possible for me to get the whole access to the north of my property as in mentioned in my sale deed?? ( since i had bought the property thinking i would add a second gate in the future) and the access road is also drawn in my property plan. This person has been continuously harassing me...
Asked 1 year ago in Property Law
Religion: Christian
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7 Answers
You are entitled to easmentary right of necessity
ypur sale deed shows that you have access road
file suit to set aside sale deed in respect of access road
seek injunction restraining buyer from obstructing your right of access
The legal fact is that no one can claim any exclusive rights over the access road.
It is common to all users, in your case, both you and your neighbor have easement rights in the access road provided it is common and you di not have any alternate access road.
If this road was part of the property belonging to your vendor and she did not mention any rights to you about this road access in your registered sale deed, and if you already have another pathway for road access then you may not be entitled to claim any rights.
However since it is mentioned as road in your schedule of property, you may file a for mandatory injunction against your neighbor to restrain him from interfering or depriving your easement rights and any other relief to redress your grievances.
You need to check whether it's a private road.if there is no other access then you can seek right to access through easement rights
- The drawing of access road in shown in the schedule of property in your sale deed.
- To the north of your plot is land reserved for access road and drainage.
Land reserved for access road to sold property cannot be sold. Even if is so sold, such sale is no binding on you and valid. Assert you right to use the road forcefully and firmly. You have right to use reasonably force in asserting your right. Let him go to Court and incur expenses. You can file a caveat petition in Court so that he cannot obtain any interim order against you from Court.
- Since, both the properties having a common access road , then the said threatening by the neighbor is against the law.
- Firstly you should lodge your complaint with the commissioner of Municipal Corporation of your area for arranging the same.
- if no response, then file a suit against your neighbor under The Indian Easement act , for claiming path to your house from that common portion.
.- under section 35 of the Indian Easement Act , you can obtain permanent injunction restraining your neighbor from obstructing your right to access till main road.
- Further, if as you are using the said road for 20 years long period. then you can get order from the court on the ground of adverse possession as well.
Dear client I am sorry to hear that but in this case you have to file a complaint to your near by police station or file or civil suit against the neighbour tomorrow were you can also provide certain evidence to so that the claim of the neighbour are not true.
