• Access to land is restricted, No road access to land

Case description:

1. We bought the land in 2012 (2 kotha), and completed the all transferring documentation necessary.
2. We have partitioned the land in 2016 with new patta number 
3. A person bought 21 kotha surrounding our land without any information to us about the sale of property in three sides of our land, where it includes the path we used since 2012 to access our land. He bought the plot in 2015.
4. 2022, we tried to fill the our plot, and for it requires vehicle passing in that path, but he blocked the access to our land by surrounding the sides by stick wall,
What legal actions I can go ahead with in this case?
Asked 1 year ago in Civil Law

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7 Answers

You can claim easmentary right of necessity if 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) you can under section 35 of easement act obtain permanent injunction restraining your neighbour from obstructing your right of passage

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

You first of all have to see if the pathway has been added to your sale deed as a right.

You must also be in possession of the documentary evidences to prove your enjoyment of this pathway ever since you had purchase this property.

Besides you have to establish that this is the only pathway for your ingress and egress purpose hence can claim easement rights for road access from your property.

This will come under easement by necessity. 

For claiming an easement of necessity, the plaintiff has to plead that his dominant tenement and defendant's servient tenement originally constituted a single tenement and the ownership thereof vested in the same person and that there has been a severance of such ownership and that without the easementary right claimed the plaintiff cannot have road access from his property.

You can also establish a private right of way by necessity or implication. For example, if you buy a piece of land which is landlocked, you will normally be granted a right of way to pass over the seller's land, so that you can access your own land

It becomes your duty to prove that according to section 15 of the Act, a person claiming the right must establish the same and prove that it is enjoyed peacefully, openly and without interruption for the prescribed period  (20 Years)prior to two years of filing of the suit.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

thanks for your appreciation 

 

neighbour need not inform you before sale of plot 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Hello, 

  1. If that is the only way and you had been using it for a long time, you have every right for the way legally as it is an easement right. You can take him to court on that and get an injunction to maintain  statusquo.
  2. It is not mandatory for the buyer or seller to inform the neighbour about the same of the bordering Plot.

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

You can approach court under easement law for access

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

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

- Since, your land is block from all sides by the said neighbors  and you are unable to approach the main road, hence such acts of neighbors are 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 the said owner of land under The Indian Easement act ,  for claiming path to your land from their property.

.- 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.

- Further, if you are using the said path for long period. then you can get order from the court on the ground of adverse possession as well. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

As this is the only path available for you for the purpose of ingress and egress for road access from your land, you can continue to use the same path as pathway.

In case you are restricted from  using the same, then you can file a suit for easement rights as suggested. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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