I bought a piece of agricultural land approx 0.5 hectare from a seller. Since the seller had approx 10 hectare land he sold the plot that was in the rear corner. He also created a 12' track for access to the land through his field along the perimeter. He gave me right of passage through this track, similarly he has given passage rights to 2/3 more land owners whom he has sold his land.
Now he has created boundary on both sides of this track, obviously on one side is his property but on the other side is the land of adjoining farmers.he has placed a gate at the beginning and doesn't allow anyone else to use the track.
I have bought one such adjoining farm house of approx 0.5 hectare and to go to that farm land would be using the same track for initial 50 meters and need to make a gate on his boundary towards my land.But he doesn't allows it, he says u can use the track to go to the land I have sold you, but you can't go to the plot you bought from someone else even if it's enroute and along the track. He says you can't turn left to go to that farm.
Please advise my rights and remedial actions.
Asked 12 months ago in Property Law from Dehradun, Uttarakhand
This is absurd. You can file a suit to claim easement through necessity over his land for accessing the property owned by you. Injunction can be sought to restrain him from blocking your right of way.
1) you can claim easmentary right of necessity as there is no other access to your land
2) 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.
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. you have a right of path to your property
2. sue him for your elementary right in a civil court.
3. since he has sold you the way he should allow you to enter into your property , so that there should be a gate which has to be made on the wall he created .
4. You will get an order allowing your right to have a path/easement right if you approach the court
5. engage an advocate and start your legal proceedings to file a suit
The easement rights to the plot you purchased from this owner will remain tact however you may have to confirm the pathway access to that property earlier. If it has a separate pathway than an access through this, you may not be entitled to claim the usage or easement as a right. This will nether be considered as easement of necessity or perpetual.
You may produce the sale deeds of both the properties before a property advocate and get his further opinion to your rights.