• Easement right for the BSNL tower

Hello

In our neighbourhood we have around 20 house, we had unrestricted 10 feet pathway, until a person bought a corner property and claiming and that the road at corner belongs to him, took the road into his boundary.He left 3 feet road for us at the corner (which he still claims to be his). Though he is allowing us to pass in the remaining 3 feet, but he is obstructing the BSNL tower people to bring any material through it. The BSNL tower is on my roof. The person is local goon with political connection so police does nothing. I have 3 question:
1. Can we verify whether the person is really the owner of road.
2. if a person is buying property which was already being used as a road, can we make his registry invalid.
3. Can easement rights be claimed for the BSNL tower personnel coming to my property., ( we have 25 year agreement).
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 1 hour.

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7 Answers

1. Yes, the first thing you should do is to verify whether he is really the owner of the said path/road as is being claimed by him. Moreover, 3 ft road is too narrow for easement to your property from the main road for which such arbitrary allocation of 3 ft pathway towards easement right should be challenged before the Court and file an application for staying all construction on the said road/path till the case to be filed by you challenging his under allocation of easement right is disposed off.

2. If the said road has been recorded with the Municipality as a public road, then his such claim of buying the said road can be challenged and made invalid with Court order.

3. Easement right is not only for your own movement through the road but also for your friends, relatives, associates including business associates like BSNL tower personnel. So, he can not selectively restrict any of your friend/relative of business associate in using the said path/road on which he has ordinarily allowed your easement right.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1) file RTI with municipal corporation and obtain details as to whether road is forming part of neighbour plot

2) you can claim easmentary rights for access to your plot of all materials and personnel

3) if neighbour refuses to permit file suit and claim easmentary right of necessity and obtain injunction restraining neighbour from disturbing your rights of access

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

1. Yes,you can do so by causing necessary searches from local registration office.

2.The registration can not be held invalid but you can seek declaration for easementary right and injunction against not restraining user of common passage.

3. Easement rights is claimed for common use and not for specific use. So if you get easement rights then all including BSNL can use the pathway.

So so accordingly.

Feel free to contact.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

1. You can very well verify if the person is real owner by asking him to produce the document of the property he claims to be his.

2. If your easement rights are affected and you have no other way then you can file an injunction suit as well as for the releif of easement rights.

3. Your agreement for the tower installation cannot infringe others rights especially the rights of the purchaser of the neighboring land.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

1) you can obtain contact details of Mr Ganguly or Mr barman from the website by seeking phone consultation

2) you can move court and seek injunction restraining neighbour from disturbing your right of access to your plot of materials and personnel

3) file complaint with municipal corporation for removal of encroachment on the plot by factory

4) if no action is taken file writ petition in HC to direct corporation to remove encroachment on road as shown in mater plan

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

You can get the contact details of the brother lawyers from this forum itself once you opt for phone consultation with either of them.

You can file a suit for easement rights based on the facts that you discovered about the 15 feet road against the factory and the person who intrudes your rights.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

1. Who has made the said master plan of your area referred by you?

2. has it been made by the original land owner?

3. Where does the said master plan feature?

4. Has it been ever recorded with the local municipal corporation?

5. If yes, then you can file a petition challenging encroachment of the said 15 ft. road mentioned in the master plan.

6. You can claim easement right with a clear path of 15 feet to access your house from the road till the petition challenging the encroachment of disposed off.

7.You can book any of the experts of this portal for telephonic consultation and for further advice from them.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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