My father's family and his two other brothers stay in a common compound with the common road leading to the three houses but a certain portion of the land from the gate till midway of the compound where our house is located belongs to us - purchased by my father and is not an ancestral property and is private property. My father's younger brother's son who is a drunkard has now filed an injunction against my father and claimed easement right to allow him and his friends to come to their house which falls in the middle of the compound ( the main purpose being to drink and enjoy with his friends). How do I stop him and respond to this legal action he has taken against my father?
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is there any other access to said house?
2) in reply take the plea that suit claiming easement rights should have been filed by brother as he is owner of house
3) son has no rights on property during his father lifetime
4) easement of necessity cannot be claimed if there is any other access to said house
There is no other access to the house other than passing by the road in front of our house, i suppose my uncle's wife has served the legal notice so is she eligible to do that, also if we allow them to use our private road can we restrict the area allowed to 3 feet or anything like that?
if there is no other access then easement right of necessity would be granted by court
2) give him 6 feet approach road access
If your uncle is creating unnecessary problem and also creating nuisance you may give a police complaint against his illegal activities and disturbances due to the nuisances.
If they are encroaching your property then you also file a permanent injunction suit against them to restrain from interfering in your possession and enjoyment of the property.
If he has filed the suit on false claim then you can challenge the same on the basis of documentary evidences in your support and get his case dismissed.
If their house is situated after your house and the access to their house is only by passing through your private property, then you may not be able to prevent them from using your property for their ingress and egress or road access from their property.
If his wife is not the owner then her case can be dismissed becasue she has no rights to claim any rights over your property or to the property where she currently resides if that is not on her name by a registered deed.
Whenever he drinks there, call the police.
You can prohibit any person not to use your Private property. NO easement right.
Only in ancestral property all legal heirs have right of easement. There is right of easement in private property of legal heir.
Dear client,
If your father's younger brother's son has filed an injunction against your father claiming easement rights to use the private road, then your father should consult with a local lawyer who specializes in property law. Here are some initial steps that your father can take:
Consult with a lawyer: Your father should consult with a local lawyer who specializes in property law to review the legal notice and advise on the best course of action. The lawyer can explain the legal options available and provide guidance on how to respond to the legal action.
Assert your private property rights: If your father owns the portion of the land where the road is located, then he can assert his private property rights and challenge the claim of easement rights by his younger brother's son. The burden of proof will be on the younger brother's son to prove that he has a legal right to use the private road.
Negotiate a settlement: Your father can consider negotiating a settlement with his younger brother's son to avoid a lengthy legal battle. This could involve agreeing to a limited use of the private road, such as restricting the area allowed to 3 feet, as you suggested.
Prepare a response to the legal notice: Your father should prepare a response to the legal notice within the time period specified in the notice. This should be done in consultation with a lawyer who can help prepare a strong legal response.
Regarding your question about who is eligible to serve a legal notice, anyone who is authorized by law to serve legal notices can do so. It is not necessary for the notice to be served by a lawyer. However, it is important that the notice be served in accordance with the legal requirements to ensure its validity.
In summary, your father should consult with a lawyer to review the legal notice and respond accordingly, assert his private property rights, negotiate a settlement if possible, and prepare a strong legal response to the legal action taken against him.
