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Easement by grant - alignment changed; filing suit; limitation


04-Aug-2023 (In Civil Law)
1) Neighbour gave Easement rights on his land by Easement of grant through a registered deed in 2014. 2) He changed the alignment of the path reducing it to 90metres also creating two 90° bends (in deed it's 98metres and it's a straight path). 3) He did this in 2021 which I was aware of, but now disturbing my peaceful enjoyment on the path. Q1) Now can I file a suit asking him to re-do the path only as mentioned in the grant document? Q2) What is the Limitation for me to file this suit?
Answers (1)

Answer #1
795 votes
You can file a suit to stick to easement as per the registered document. A suit for declaration and injunction can be filed. It is advisable to file such a suit within 3 years from from the date of actual alteration.
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