I have property with a four feet(1.20m) public way at the eastern side.Our property has road access at the northern side also.Recently the owner of the property on the other side of the four feet public way has annexed the path along with 6 foot of his land to build a 10 feet road to his other properties.We are unable to use the four feet public way because of this.Is it legal to annex public way? what does law say about this?What should we do ?
Asked in Property Law from Kozhikode, Kerala
1) your neighbour cannot encroach on pathway
2) complain to municipal corporation against neighbour annexing the path way
3)if no action is taken file RTI as to what action has been taken on your complaint by the corporation
4) you can issue legal notice to neighbour to remove the encroachment on pathway
5) if he fails to do so move court to direct muncipal corporation to demolish the obstruction on path way
If this eastern side public path was the only way to access your property then you can file an easmentary rights suit agasint the encroacher.
If not you can make a complaint against him with the local administration body about his illegally occupied public way for his personal benefits.
It appears you are using the path for a long time and by long user of the same you have acquires easementary/prescriptive rights over it.
If that so then no new constructions made by your neighbour can our obstructions on it .
So you can successfully file a suit for declaration and injunction so the obstructions is removed and you are allowed free access as before.
Thank you for the responses.the above 4 feet way was initially constructed by giving 2 feet from our property and 2 feet from neighbors property.At that time it was agreed for use as a way for three properties including us. will that qualify for public way?.it is recorded in our property documents as a 1.20 foot path and not as a public way...so one of the argument is that it is not a public way and as other 2 properties has another access to their land it gives the opponent right to annex the 1.20 meter way for building a road.without our permission.is it a valid argument?
Asked 8 months ago
1) it is for private use by owners of 3 properties and not a public way .
2) 4 feet way was constructed by giving 2 feet from your property and adjoining property .
3) neighbour cannot annex that right of way without consent of other neighbours
4) issue legal notice as advised and then move court for necessary reliefs
The land given for path way for all users shall be termed as public way only and not anyone's individual property.
A single person cannot claim ownership to such property which comprises properties belonging to different owners.
The foot path or any definition given to this property that has been donated by you along with your neighbor was for the purpose of common way for the users, if it does not serve the purpose then there is no use of donating that piece of land by you which has been mentioned in the deed. Moreover your neighbor has no authority to occupy the property which does not belong to him and is allotted for the common cause.
Ask him to prove the title to the property which he is illegally occupying now without any authority.
You can very well defend yourself by mentioning the same what has been mentioned in your title deed about the portion of property allotted for the common cause.
this is question of easement instead of public way. you have right to access the way. you should file a civil suit under the easement act and also seek permanent injunction. it is essential to exist this 4 feet wide road for enjoyment of your property.
1. If it is public way then it is illegal what he has done. The remedy for you is to file a suit for removal of his construction and injunction in the civil court to restrain him from blocking the way in future.
2. Whether or not it is public way can be ascertained only after a perusal of the sale deed. Unless it is public way you cannot claim injunction except by seeking a declaration of easement.