• How to terminate an easement

There is a grated easement in my title deed I want to terminate the same, The opposite parties are our relatives and are not willing for a settlement even though they are not using the pathway for more than 3 decades. Kindly provide some legal opinion
Asked 13 hours ago in Property Law
Religion: Hindu

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5 Answers

Was the easement right provided orally or by means of a document? Assuming it was by means of a document, you need to file a suit at the jurisdictional court by engaging a competent lawyer and get an order for cancelling the easement right (based on sound reasoning and documentary evidence/oral witnesses). The same procedure applies for an oral arrangement too.

Swaminathan Neelakantan
Advocate, Coimbatore
3099 Answers
20 Consultations

If they refuse settlement, you may file a civil suit for declaration and injunction seeking:Declaration that the easementary right stands extinguished due to non-use for over 20 years.Permanent injunction restraining them from claiming or exercising the easement.Direction to remove the easement entry from records/title (if necessary).

Such suits are typically filed under Specific Relief Act, 1963 (for declaratory relief). Code of Civil Procedure, 1908 (civil procedure)

 

Prashant Nayak
Advocate, Mumbai
34822 Answers
254 Consultations

An easement is extinguished if the dominant owner (the relatives) stops using it for a continuous period of 20 years. Since you mentioned it hasn't been used for 3 decades, this is your strongest argument.

2)Implied Release (Section 38 & 48): If the relatives have allowed you to make permanent changes (e.g., building a wall, fence, or garden) that make it impossible for them to use the path, this implies they have released their right.

 

 

3) Non-use over a long period, especially if they have an alternative pathway, implies abandonment.

Ajay Sethi
Advocate, Mumbai
100180 Answers
8180 Consultations

Easementary rights granted by deed or by passage of time can not be extinguished unless the beneficiary release the same by a deed or you prove in a suit that the necessity for this rights no more exists .

Devajyoti Barman
Advocate, Kolkata
23677 Answers
538 Consultations

If an easement (right of pathway) is expressly granted in your title deed, terminating it is legally possible, but only under certain conditions under the Indian Easements Act, 1882. Since the right is written in the deed, courts treat it as a legal property right, so it cannot be cancelled unilaterally without proper legal grounds.

You can File a Civil Suit for

Declaration that the easementary right has been extinguished due to non-use and abandonment.

A granted easement can be extinguished by long non-use or abandonment.

Mere non-use alone is not enough unless intention to abandon is proved.

So evidence that the pathway physically disappeared decades ago is very valuable.

In the civil suit for declaration you may pray:

Declaration that the pathway right mentioned in the deed stands extinguished.

Permanent injunction restraining them from claiming the pathway.

Direction to correct records if necessary.

T Kalaiselvan
Advocate, Vellore
90383 Answers
2519 Consultations

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