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How to get road access to property ?


25-Jul-2024 (In Civil Law)
Dear Sir/Madam I have a 30 Cent of a land, in which my home construction is going on and I don't have any road access to my plot. But adjacent to my property there is private road owned by a single person (He does not have any land in this area, he only owned this private road now rest of all his land he sold out). This road is constructed from the main road, which connects to 4/5 residences, Government Sub Health Center and a Anganvadi and he still kept this road as his private property. Can I get any right of way to connect this private road to my property? pls assist me to get a proper legal advise in this regard to private road access rights and law's
Answers (4)

Answer #1
409 votes

Easementary Rights and Right of Way in India: Under the Indian Easement Act, 1882, a right of way can arise in several ways. An easement of necessity applies when a property has no other access route, ensuring the owner can reach their land. A right of way can also be created through an express grant, explicitly documented in a legal agreement.

If your property lacks road access, you can explore options such as claiming an easement of necessity or an easement by prescription. Negotiating with neighbors for a formal right of way agreement is often effective. Alternatively, you may approach local authorities or seek legal remedies like a mandatory injunction to secure access through a neighbor's land. Formalizing the arrangement through a legal easement ensures your property retains lawful and enforceable access.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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Answer #2
771 votes
In your case the permission for using the way is necessary. If he allows then you can connect the same to your land and main road. Basically, an easement is the right to use the property of another. Easements come in two types: gross easements and appurtenant easements. A gross easement is a right over use of your property held by a specific individual. Appurtenant easements are a right over use of your property for the benefit of adjoining lands. Gross easements give a right over use of your property to those adjoining lands no matter who owns them. An easement is an agreed-upon use of land by a party other than the landowner. This agreement allows access to land for things like natural resources, development of necessary utility pipelines, or construction and maintenance. Easements can be beneficial depending on their purpose. You can claim if you are in the circle in the Easement law.
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Advocate Ajay NS

Adv. Ajay NS

LawRato Ernakulam | 5+ Answers
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Answer #3
900 votes
If the road is a private road owned and managed by the same person.he possess the sole right and you can't claim.if the road is tarred by the authorities then the same is a general pathway and you can use the same. For more details the documents needs to be verified
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Advocate Kishore R

Adv. Kishore R

LawRatoKochi / Cochin | 25+ Answers
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Answer #4
556 votes
in general you cannot claim any right of way, without the consent of the other party. But you can claim right of way acquired through easement. But to give a detailed opinion with regard to the right of easements I want the details of the previous lie of the property, road etc.. and other details
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Advocate Hari C.G

Adv. Hari C.G

LawRatoPalakkad | 50+ Answers
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