• Easement of necessity law - next to railway track

My father has a property in Kerala kannur district , at front side of the property Railway track is there , so the approach road to the property is through railway land . A muddy road parllel to railway track . In realty its not a proper panchayat road . 
As there is no panchayat road to our property , we cannot get any plan passed for any construction.
Back side of our property , our neighbour has access to panchayat road , is it possible we can request for approach road through neighbours property ?
Asked 3 years ago in Property Law
Religion: Hindu

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8 Answers

You can claim easmentary right of necessity of 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
99783 Answers
8145 Consultations

If railways do not allow you access through road laid on railway tracks then you can claim access through your neighbour land 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

As per easement act you can get road from neighbouring land and railway land as well. You just need to talk with railway authority and panchayat

 If panchayat do not listen than file a suit in the court.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Firstly, have you seen in the registered sale deed that if there is any provision for road access from your property.

When was this property purchased and how long has this been under your possession and enjoyment?

Why this question was not raised earlier and what was the action taken so far about this if you feel that your access to road from your property has been denied by authorities or the neighbours?

Please note that all these questions will be raised by court if you approach court with an application seeking the relief of easement by necessity. 

Therefore you ascertain the details and file a suit for easement rights by necessity.

Law provides relief to the people who are land locked and are not having access to road, i.e., ingress and egress under the provisions of law of easement rights. 

An easement of necessity is co-extensive with the necessity as it existed when the easement was imposed

Therefore you have to explore the possibilities of any other alternate pathway for your ingress and egress purpose before seeking the remedy agaisnt your neighbor out of his lands.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

An easement may be acquired by the owner of the immovable property for the beneficial enjoyment of which the right is created, or on his behalf, by any person in possession of the same.

Please note that the right to such access and use of light or air, support or other easement shall be absolute. Each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution of the suit wherein the claim to which such period relates is contested.

To claim prescriptive easement right, the plaintiff has to establish that he has been in continuous user of the way, as of right for a period of 12.

More simply, an easement is the right to use another's property for a specific purpose. Rights-of-way are easements that specifically grant the holder the right to travel over another's property. 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

If no other access then you can seek access through easement rights form railway road

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Dear client I am sorry to hear that what in this case you can definitely approach your never for the same full stop if he or she does not agree then you can also file complaint or case of easement right

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Any right to easement of necessity is available only between seller and purchaser of property or among sharers of ancestral  property on partition. You can only request your neighbour to grant a right to access main road, you cannot compel you.

Ravi Shinde
Advocate, Hyderabad
5130 Answers
42 Consultations

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