You are entitled for easementary rights to enter and exit the land through the front land. Send a legal notice to the owner of the landlord whose land has blocked you access or way. If there's no positive response to the legal notice, file a case in the jurisdictional Court for granting you easementary rights to enable you to have access or way to your land.
Way or access to my land
Dear Sir/Madam I bought a land in Madurai, Tamilnadu in 2004 as an agricultural land. Now that area has developed and 4 way track roads laid by Government and the area became very popular for investors and builders. My land hasn’t got access. There is one more land in front of mine. That have access to main road (4 way track ) I approached the land owner in front of me to sell part of his land to gain access. But they are not willing to sell. That have enough width to give me sufficient land for my path. Their expectation is to obtain the land from me with the reduced price. Please advise me what are all the options I have legally to secure path for my land.
Asked 2 years ago in Property Law
Religion: Hindu
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10 Answers
Dear Sir Thanks for your response. That particular land is no longer an agricultural land. Do I still have the right for access legally. Also what if they built a large building and blocked my land completely? As I live abroad it’s difficult to track their plans. As the area is developing so rapidly. Thanks
Asked 2 years ago
You can claim easmentary right of necessity of there is no other access to your land
2)
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
Write of district Collector seeking initiation of land acquisition proceeding under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 against neighbour as right to road to way is fundamental right. Propose to compensate the Government for the value of land paid to him. If no acquisition proceeding is initiated, you can approach High Court seeking direction to Collector for initiation acquisition proceeding. Engage a senior in High Court. It can be done. You can also restrain him from constructing any structure so as to block you way.
Whether it's an agricultural land or a non-agricultural land, the fact remains that right of way or access to your land is blocked and you are entitled for easementary rights. If they start constructing a big building and block your right of way bring an Injunction Order from the jurisdictional Court to maintain status quo. Authorise someone/siblings/parents through POA to guard your land and to act legally in case of any potential danger.
You have to file easement suit for right to path to gain pathway to access to your land.
If you do not have way to access road from your land and if the present passage has been blocked by the neighbor then you may file a suit for easement rights by necessity.
The law on easement rights by necessity is very clear:
An easement of necessity is co-extensive with the necessity as it existed when the easement was imposed. Other easements. --The extent of any other easement and the mode of its enjoyment must be fixed with reference to the probable intention of the parties, and the purpose for which the right was imposed or acquired.
In Daroga Lal v. Devi Lal [1918] 48 I.C. 670, it was held that an easement of necessity can only arise when the property cannot be used at all without the easement, and not where the easement is merely necessary to the reasonable enjoyment of the property.
Therefore you can proceed with a suit for easement rights agaisnt your neighbor for relief and remedy.
You are entitled to the right of way for road access from your property.
In the suit for easement rights you can add the relief for permanent injunction agaisnt your neighbor from constructing any structure in order to block your way to road.
If they start constructing a big building and block your right of way bring an Injunction Order from the jurisdictional Court to maintain status quo.
If you not present in India to conduct the case, you can give a power of attorney deed in favor of any close relative back in India who can represent you in court during your absence.
Firstly you can issue a legal notice to him to allow you to a right of way through his property as you don't have any other way than the one you currently use for accessing the road from your land, either by sale or by lease or by operating the law of easement rights.
An easement of necessity means an easement without which the property cannot be used at all.
Even if it is not agricultural land you still have right of access
if they have blocked your land then also they are bound to give you access to your land
You can seek easement rights from court
Dear client, :
If your land does not have access to a public road, you may be able to acquire an easement or right of way over the land in front of yours. An easement is a legal right to use someone else's land for a specific purpose. You can negotiate with the owner of the land in front of yours to obtain an easement, either by agreement or through a court order.
If the owner of the land in front of yours is not willing to sell or grant an easement, you may be able to apply to the court for a prescriptive easement. A prescriptive easement is a legal right to use someone else's land that has been acquired through continuous use over a period of time. In order to establish a prescriptive easement, you must show that you have been using the land in front of yours openly, continuously, and without the owner's permission for a certain period of time (usually 20 years). You will need to provide evidence to support your claim, such as witness statements or photographs.
Another option is to negotiate with the local government to acquire a portion of the land in front of yours through compulsory acquisition. Compulsory acquisition is a legal process where the government acquires private land for public purposes, such as road widening. If the government decides to acquire the land in front of yours, they will compensate the owner for the fair market value of the land.
If all else fails, you may need to consider selling your land and buying a new one with access to a public road. However, this may not be an ideal solution if you have already invested a significant amount of money into your current land.
It's important to seek legal advice from a qualified property lawyer in your jurisdiction to explore your options and determine the best course of action for your specific situation.
