More than 80 years we are using a pathway to reach our agriculture land. This is the only pathway to reach our field. This pathway is in our neighbour's land. The measurement of the pathway mentioned in our parent document is 10 links (6.6 feet). The same pathway is shown in a subdivision with the measurement of 12 feet, which was done in 1984 under UDR act.
But now, our neighbour is blocking the pathway which we are using for 80 long years. They are asking us to utilise only 10 links(6.6 feet)as mentioned in parent doc. This will be impossible to run vehicles.
Which doc legally supports us for using the above mentioned pathway?
How to avoid my neighbour raising the same issue in future?
As a immediate solution, what can I do?
Asked in Property Law from Tiruppur, Tamil Nadu
1) you can claim easmentary right of necessity and perscription as there is no other pathway to access your land
2) in said suit mention that your family had used pathway for 80 years and there is no other access to your land
3) seek an injunction restraining your neighbour from disturbing your right of access to your land
The pathway shown int eh original document shall be valid and not the amended records extracted during UDR.
The UDR records has been changed at whims and fancies of people who misutilised it during that time.
If the neighbor is totally denying the pathway then you can file suit for easement rights, but you cannot claim for extra privileges that your actual entitlement.
1) 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.
2) you can claim easmentary right of necessity as there is no other way to reach your house
3) under section 35 of easement act you can obtain permanent injunction restraining your neighbour from obstructing your right of passage . pending hearing and final disposal of suit you can claim interim reliefs .
1. File a suit for declaration and for injunction.
2. You can lodge criminal complaint as well with local police.
3. Unless you get the order of injunction there is no immediate solution.
He cannot block or restrict up to 6.6 feet only because using that broad pathway for last 80 years confers perpetual easement in your favour. If he has right to object he should have initiate proceeding within period of limitation. If he files suit it shall not be maintainable due to bared by limitation. there is only 20 years given as limitation for initiation of suit.
You should file suit for permanent injunction on the ground of easement and adverse possession. There is implied possession because you have using it as a way to access your land for long 80 years.
If this pathway is the only stretch of land for you to access your agricultural land then you can claim easement to it i.e the right to use someone else's land to access your property. So if your neighbour is blocking your way then you can file a lawsuit for injunction against him to restrain him from blocking the access to your land.