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Civil case against the neighbour regarding road closure.
02-Jan-2024 (In Civil Law)
For forty two years the private road leading to my house along with the neighbour's field has been open and used by people for that many years. If it can be scientifically proven that it is open,does the neighbour have the right to close or prevent the passage of lorries and other vehicles just because the right- of- way agreement has not been signed by my neighbour? Will the court ask the neighbour to give a three feet road or let the road remain open as it is now ? ( with ten feet wide).
your right over the land is called easement by prescription and so alone, you are having the right to use the same with the width you are using. in case if there is any apprehension about closure of the same by the property owner, then you may file a suit together with an injunction seeking an order to prevent the subject from disturbing you in using the pathway
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Adv. A.G. Syam Kumar
Trivandrum | 400+ Answers
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We need to discuss in detail to have an authoritative answer.. there is right of easement which can be claimed.. but it’s is for 3 feet way .. still we can make this road to happen by professional tactics.. there are cases where we could succeed and get 8 feet way too .. any further assistance you can connect with me
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Adv. R. Madhuraj
Trivandrum | 100+ Answers
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