Property Access Path and Easement Rights Matter

927 votes

Looking at your case it seems that once you talk to your neighbor about this matter, if things do not work out then you will have to file a civil suit in the court where you will definitely get benefits

Advocate Ravi Kant Sharma LawRato

872 votes

your case appears to be a case of easement of necessity in order to find an isment of necessity the necessity appears to be absolute in your case because as the facts reflects that there is no other way for you to access your property if an alternative passage is available now it may be bit inconvenience or a longer for his ingress and aggress. the easement it is settled that subsequent transfer of property or division of property and enjoying a right there after constitute a burden upon the adjoining property transferred their of. the most ordinary instance of a necessity arises where a man is unable to obtain any access to or derive any benefit from his own land without a right of way over his Neighbours land. it is pertinent to note that is meant of necessity does not survive after the alternative outlet is available to the Clement of that right. meaning there by if a person has got any other means of access it cannot be held that the use of a neighbours properties only way of enjoying the is meant of necessity. under the provisions of specific relief Act the plaintiff is entitled to seek injunction from the civil court to restrain the defendant not to interfere in his or her access to the path which is used as of right. in view of the afford set facts I am of the considered opinion that it is not a complex or complicated matter which can be easily brought to the court this is a fit case where the court is obliged to grant an injunction in favour of the plantiff who is using the path as of is mentally write for the last 15 or more period

Advocate Anant Kr Jain LawRato

504 votes

You can either file a civil suit for the declaration of your easementary right which you have from 26 years or you can seek permanent and temporary injunction restraining Owner B to construct or block the pathway.

Advocate Savi Mishra LawRato