Procedure to get road to the residence connecting to the main road
27-Sep-2023 (In Civil Law)
Dear Sir, Is there any constitutional law to get a small road to my residence from near by main road. Right now, my residence is in an isolated land middle of a paddy field. Where, only two homes are there. In my residence only my mother is staying. She is a widow and having 83 yrs. old. In Second residence also a lady (widow) having 63 yrs. is staying. Even after we are ready to pay normal rate, The land owner does not agreeing to give conscent for the road. Kindly advice, Is there any chance to get it legally.
Hai.
Obviously yes. There is no land in the entire world without road access. In india its protected by law also. Each road or pathway will have a easement right protected WAY. U just need to find it tats all. The basic thing i used to say to my clients is tat there is no problem without a solution. U just need to find the right one.
Now civil cases are mostly related to their concerned title deeds n matters therein. Next is site inspection, the necessary and apt right for u can only be decided with a local inspection of a lawyer. Civil lawyer. Meet one before its hit my any sort f limitation or bar.
hope am upto ur query
Obviously yes. There is no land in the entire world without road access. In india its protected by law also. Each road or pathway will have a easement right protected WAY. U just need to find it tats all. The basic thing i used to say to my clients is tat there is no problem without a solution. U just need to find the right one.
Now civil cases are mostly related to their concerned title deeds n matters therein. Next is site inspection, the necessary and apt right for u can only be decided with a local inspection of a lawyer. Civil lawyer. Meet one before its hit my any sort f limitation or bar.
hope am upto ur query
Right to way can definitely be got through legal action. If you had been using the said pathway for a long time continuously as of right with knowledge of the owner of the property, you have a right of easement over the said pathway. So also if your property was one which was sold from the bigger piece of land then also you get a right of way by easement of necessity. All these rights can be enforced through a civil court. For getting the pathway into a road, you can approach the municipal authority and surrender the pathway to Municipality so that they can construct a road there. If Municipality is not taking any action inspite of production of necessary records, you can approach the High Court under writ jurisdiction.
Hi,
In this case, your grant mother is having a legal right to obtain a pathway to that property, probably from the nearest side to the road from the property. Inorder to grab it, even if the said land owner is standing in the way, you can obtain it through a Civil court order. Please contact directly for the details.
PT. Sheejish
Advocate
Ernakulam
In this case, your grant mother is having a legal right to obtain a pathway to that property, probably from the nearest side to the road from the property. Inorder to grab it, even if the said land owner is standing in the way, you can obtain it through a Civil court order. Please contact directly for the details.
PT. Sheejish
Advocate
Ernakulam
You have right to easement...by there you get right to way also. If you have no other way to reach the main road then file case in the district court praying for the path and you will be entitled for it.
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