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Digging up of private road without Permission
29-Aug-2023 (In Civil Law)
We had constructed a private road around 9 years back at our home town in Kerala.For this purpose we had purchased some land from one of our neighbour and rest of the land was given by other road users and some of them had pooled some money for road construction. Major share of money and road construction was done by us and around 10 families have been benefited by this road.This was done by the verbal mutual consent of all.
Now ,one of the land users is creating problem by digging up the road and claiming that the road is his private property. What remedy do we have?
file a suit for injunction restraining your neighbour from digging or creating anu instructions in the road you claimed as private road. if you not proceeding with the case immediately, the same may form ground for a valid claim to your neighbour
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Adv. A.G. Syam Kumar
Trivandrum | 400+ Answers
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Has he really dug up the road or only threatening. In the latter case, all the other beneficiaries could join together and serve an advocate notice setting out the facts. In the latter case, a civil suit could be filed seeking temporary and permanent injunction. The doctrine of estoppel could of avail in pursuing the matter.
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Adv. P Venu
Vaikom | 500+ Answers
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