Road through our property - neighbour accessibility

825 votes

In future they will claim easement under indian easement act 1882.An easement is a privilege, without which the owner of one tenement has a right to enjoy in respect of that tenement in or over the tenement of another person, by reason where of the latter is obliged to suffer or refrain from doing something on his own tenement for the advantage of the former.
A right of way is a right to pass over the soil of another person uninterruptedly. Rights of way do not fall under the denomination of natural rights. They are discontinuous easement, and may be acquired in the same way as the other easements are acquired.
The following six characteristics are essential for an easement-
(a) There must be a dominant and survient tenement
(b) An easement must accommodate the dominant tenement
(c) The rights of easement must be possessed for the beneficial enjoyment of the dominant tenement.
(d) Dominant and servient owners must be different persons.
(e) The right should entitle the dominant owners to do and continue to do something or to prevent and continue to prevent something being done, in or upon, or in respect of, the servient tenement; and
(f) The something must be of a certain or well defined character and be capable of forming the subject matter of a grant.
It forms a part of right of way is an affirmative easement – It entitles the owner of a right to do a certain act and to continue to do it, namely pass over the land of the servient owner. From this point of view it is called a positive easement. But a right of way also prevents the servient owner from building of his land, or doing any other act in the enjoyment of his proprietary rights on the land, which would interfere with the right of way. In fact, every right of easement imposes on the servient owner a restrictive use and enjoyment of his own land by him so that it may not interfere with the enjoyment of the right of easement by the dominant owner. Easements are classified into positive or negative according to the predominating factor of the particular exercised.

So better to restrict the path way or only allow to ingress and egress top their land not a vehicular access.

Advocate Ajay NS LawRato

647 votes

The neighbor cannot claim any right over the way. From the facts, the neighbour cannot claim any kind of easement rights and therefore he has no right to object to your construction of gate. However, if the prior owner of your property and the property of the neighbour are same, then he can claim a right of easement by necessity as there is no other way to his property.

Advocate Nelson Joseph LawRato

690 votes

From the facts stated, the neighbour cannot claim any vested rights as the access is yet to mature into an easement right. Even otherwise, a mere easement of necessity for access by foot cannot be extrapolated to ply any vehicle. However, you need to remain alert on the issue.

Advocate P Venu LawRato

316 votes

You can bring a complaint to the magistrate's court if you are experiencing harassment from your neighbor. The punishment for nuisance, as defined by Section 290 IPC, is only Rs. 200. The court has the power to do more than 200 rupees.

Advocate Chikirsha Mohanty LawRato