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Query about the unlawful encroachment on public path


02-Nov-2023 (In Civil Law)
We are using a 3 feet breadth path to our property since above 50 years.last year i constructed a house in my property,and used the same path for our movement.Recently neighbour encroched the path,constructed a hollow bloc,wall by DEMOLISHING EARLIER BURNT BRICK WALL ,stating that the path area is of him.That property WAS SOLD BY MY FATHER IN 1988.After his death in 1993 .we 3 brothers partioned the the said propertyand registered in Karungal sub registrar office which inciudes the path area drawing area sketch.Our house electric pole is also errected on the path which was not objected by him at that time.Three months back when he was constructing the wall we lodged a complaint to the local police station to stop which was neglected by him..Can we claim the path as our right ? In case if his sold land includes path area,what would be the solution of path to our home?Kindly advice me.
Answers (3)

Answer #1
791 votes
You can very well claim easement rights on that property and ask for permanent injection. You can apply for Advocate commissioner to inspect the property and decide further. You have to file the case immediately without delay.
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Advocate K. Venkatesan

Adv. K. Venkatesan

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Answer #2
870 votes
WE HAVE RIGHT TO CLAIM THE PATH UNDER Indian Easements AcT, BEFORE THAT WE HAVE TO GO-THROUGH THE PARENT DOCUMENTS, HOW IS WAS ARRIVED FROM THE LARGER EXTENT, THEN ONLY WE CAN GET AN IDEA TO DEAL THE ISSUE.
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Advocate Gopinath Ramanadane

Adv. Gopinath Ramanadane

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Answer #3
913 votes
Hello sir in your case we can file case against the encroachers in your dispute property and you can claim compensation to him for his activities and it must through proper way of law and such encroach can be removed
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Advocate S. Saranraj

Adv. S. Saranraj

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