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Easement right claimed by few newb is narrow neighboneighboow pathway
20-Oct-2024 (In Civil Law)
There is narrow way in my property that we used for years to connect main road on one side and our other properties at away...now our neighbors doesn't allow as to close the road saying that it is public way.. all of them have other private and public roads to their property .we are paying tax for this land also which is now used as way..we have another road in my property..so no need of this narrow way..also some public using this are making trouble to us by destroying rubber plants
you can file an injunction case to prevent public destroying rubber plants. Even if you had another way you can claim a narrow way by easement by prescription.
In the context of India, an easement is a right enjoyed by one landowner over the land of another. The Indian Easements Act, 1882 provides the legal framework for easements in the country.
Under the Easements Act, the following individuals can claim an easement:
1. The owner of the dominant heritage (the land that enjoys the benefit of the easement).
2. A person in possession of the dominant heritage.
3. A person to whom the dominant owner has transferred the right of enjoyment of the easement.
4. A legal representative of the above-mentioned individuals.
The Act also recognizes that easements can be acquired through grant, reservation, prescription (continuous and uninterrupted use for 20 years), or by virtue of necessity.
It's important to note that the specific conditions and requirements for claiming an easement may vary depending on the type of easement and the circumstances surrounding its creation or acquisition.
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Adv. Ajay NS
Ernakulam | 5+ Answers
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