• Land locked area

Hi
We have a house in a landlocked area. One of the neighbour has now threatened to stop us from using the way from his property to get to our house which we have been using above 100 yrs. She is an excounciller and is mentally torturing us for a long time. She says she will put stones in the way we use for passing. Another problem is that our property is combinedly owned by our sister in laws who refuse to give us the property also are not doing anything for the property. Need ur urgent help as i feel the neighbor might remove our electricity passing through her property. Feeling mentally exhausted
Asked 8 months ago in Property Law from Panaji, Goa
Religion: Christian
1. In so far as the threats by the councillor are concerned you can file a suit for injunction to restrain her from impeding the right to way. If you do not have a path of your own to access your property then by law of easement you have the right to use the property of another owner to access your own property. 

2. Electricity connection can be disconnected only by electricity board and that too for default in payment of the bill. File a suit for injunction to restrain your neighbours from interfering in your right to enjoy peaceful possession of the property.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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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 

4) you are also entitled to easementary right of prescription as said passage has been used by your family for over 100 years 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
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If you have an alternate albeit a longer way then you cannot claim easement as easement is a necessity and not a luxury. The solution is to file a suit for injunction against the society and owners. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
We have a house in a landlocked area. One of the neighbour has now threatened to stop us from using the way from his property to get to our house which we have been using above 100 yrs. She is an excounciller and is mentally torturing us for a long time. She says she will put stones in the way we use for passing. Another problem is that our property is combinedly owned by our sister in laws who refuse to give us the property also are not doing anything for the property. Need ur urgent help as i feel the neighbor might remove our electricity passing through her property. Feeling mentally exhausted

You are facing multiple problems in your residential place.  Firstly you have not partitioned your property which has been jointly owned for years till this date for the reasons not known so far.  You have to either amicably partition and possess your share separately or file a partition suit before the competent court and get our property legally partitioned and get your property properly demarcated. Also, in the same suit or in a separate suit, you can seek relief for easement rights and also a permanent injunction against the neighbor who is harassing and troubling you with all sorts of problems namely blocking the way to approach your house, removing the electricity line and any other such mischief. 
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
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 Although they allow us to pass they block d vehicular acces to our plot wen they hav functions in d society. Also as we want to reconstruct our house d society is objecting us from getting d truck through their society as  they claim their tiles will break. We are being harrased by both d owners kindly provide us a solution. We would prefer the way from the side of the ex councilor as we have been using it for around 100 yrs.

As you have been using the passage next to the councilor's house for 100 years she cannot refuse or lock your way or access to your house property.
With the documentary evidence in your possession you can file a permanent injunction suit against her and also a suit for easement rights  for the reliefs you want.
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
you have accrues right of easement on the way if you have been using this particular way for more than 100 years. no one can obstruct you to use it, 
you should file a case for injunction order and prevent any person who wish to create problem. 

if there is another alternate way but which is rarely used by you then it could not be treated as alternate way thus your suit for injunction order is sustainable.  
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0

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