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.

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)

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.

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 .

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.

Since the easement is expressly granted in your title deed, it is a legal right attached to the dominant property and does not automatically extinguish merely because it has not been used for some time.
Under the Indian Easements Act, 1882, an easement can be terminated only in specific ways. If the beneficiary voluntarily gives up the right through a registered release deed, the easement comes to an end, but in your case that option is not available as the other side is not cooperating.
An easement may also be extinguished by long non-use, generally for a continuous period of 20 years. However, this principle applies more clearly to prescriptive easements. Where the easement is created by an express grant, courts are more cautious, and mere non-use may not be sufficient unless it is coupled with clear intention to abandon the right.
If it can be shown that the easement has become impossible to exercise or has lost its purpose, or that the dominant property no longer requires it, that can also be a ground for extinguishment. Additionally, long non-use over a substantial period such as 30 years can support an argument of abandonment, but it must be proved that the right was consciously given up and not merely left unused.
Since the opposite party is not willing to settle, the appropriate legal course is to file a civil suit seeking a declaration that the easement has been extinguished or abandoned, along with an injunction restraining them from claiming or using the pathway.
In such proceedings, it will be important to establish continuous non-use for decades, availability of alternative access to the other party, absence of necessity, and any physical changes to the property which make the easement redundant.
Because the easement is part of the title deed, courts do not cancel such rights lightly, and the case will depend on strong evidence showing abandonment and lack of necessity.

Dear client

A legal right called an easement allows someone else to use a portion of your land for specified reasons like for pathways, drainages or access roads. Even if the easement is spelled out in the title deed, it may be terminated in some circumstances. 

A common termination of an easement is due to non-use for a long period of time. The Indian Easements Act, 1882 states that easements may be extinguished if no use has occurred within 20 years continuously (which you state for the pathway is true: 30 years). 

An easement may also be terminated by mutual agreement (both parties signing a release deed and registering). Given the unwillingness of the other parties to agree, a suit may need to be filed.

A civil suit for declaration and cancellation of the easement rights can be filed in the competent civil court. The case will require proof of non-use of the easement for decades and that the easement is not necessary anymore. Once the civil court hears both sides of the case, the judge may rule in favor of the termination of the easement.

Some property owners have either challenged the existence of easement rights or sought termination of their easements using the lawful avenues explained above.

If you have any query please feel free to contact us

Your issue relates to termination/extinguishment of an easementary right, which is governed by the Indian Easements Act, 1882.

Since the easement is expressly granted in your title deed, it cannot be removed casually; it must be extinguished in one of the legally recognised ways.

1. Non-use for long period (most relevant to your case)

Under Section 47 of the Easements Act:

• An easement can be extinguished if it has not been enjoyed for a continuous period of 20 years.

From your facts:

• The pathway has not been used for more than 30 years.

This is a strong ground to argue that the easement stands extinguished by non-user, provided you can prove:

• complete non-use (not even occasional use), and
• continuous period of 20+ years.

Evidence may include:

• boundary walls/obstructions existing for decades,
• witness statements (neighbours),
• photographs, revenue records, etc.

2. Express release (not possible here)

Another method is:

• the dominant owner (beneficiary of easement) releases the right by a registered deed.

Since the opposite parties are unwilling, this route is not available.

3. Unity of ownership (not applicable unless ownership merged)

If both dominant and servient heritage come under one ownership, easement extinguishes. This does not apply in your case.

4. Permanent change making easement useless

If the property has changed in such a way that the easement cannot be used or has become unnecessary, it may extinguish. This is fact-specific but secondary compared to non-use.

5. Practical legal remedy (what you should do)

Since the other side is not cooperating, you will need to approach the civil court:

• File a civil suit for declaration that the easementary right stands extinguished, and
• seek consequential relief of permanent injunction restraining them from claiming or using the pathway.

The court will examine:

• your title deed,
• existence of the easement,
• evidence of non-use for 20+ years.

If satisfied, the court can declare that the easement is no longer enforceable.

6. Important caution

• Mere non-use is not always automatically accepted — strict proof is required.
• If the other side shows even occasional use, your claim may fail.
• Since the easement is recorded in the title deed, mutation/records will not change unless you obtain a court decree.

7. Limitation / defensive strategy

Even if you do not immediately file a suit:

• If they attempt to assert the right later, you can defend on extinguishment by non-user.

However, proactive declaration is advisable to clear title.

Summary

An easement granted in a title deed can be terminated under law if it has not been used for a continuous period of 20 years. Since you state that the pathway has not been used for over 30 years, you have a strong legal ground to seek a declaration from a civil court that the easement stands extinguished, along with an injunction against its future use.

Sir/Madam, 

it is suggested that you serve a legal notice to the opposite party and if the same is not complied with by them, file as suit of declaration against them.