Space for road between two plots

806 votes

1. Right of Easement (Necessity Easement): Since your client's house has no other access to the main road except through these plots, they have a legal right of easement by necessity under the Indian Easements Act, 1882. An easement of necessity arises automatically when a property becomes landlocked (i.e., has no access except through another’s land). 2. Legal Steps to Take: File a Civil Suit: Immediately file a Suit for Declaration and Permanent Injunction before the jurisdictional Civil Court. Pray for: Declaration of right of way (easement of necessity). Permanent Injunction restraining the landowners from obstructing the access road. You may also seek temporary injunction under Order 39 Rules 1 & 2 of the CPC, to immediately restrain them from blocking the road while the case is pending. 3. Evidence Collection: Collect and preserve these: Panchayat visit records and their decision. Photographs showing blockage and road situation. Any old maps, layout plans, government records showing earlier access. Witnesses (neighbors, panchayat members) who can testify that this path was used continuously. 4. Urgency to Act: Since they are repeatedly obstructing even after the Panchayat's intervention, it strengthens your case to show malafide intention by the landowners. 5. Alternative: If you want to go parallelly and faster, file a complaint with the Block Development Officer (BDO) or Sub-Divisional Magistrate (SDM) under the Bengal Village Self-Government Act (if applicable in your area) or under general local land access regulations. They have powers to order immediate access restoration temporarily until civil court decides finally.

Advocate Rehman Khan LawRato

729 votes

hello, u can send me details of your case, u can file 144 case, complaint case, or lodge GDE or u shall have lodged complaint before the CP. kindly contact me so I can guide you legally , and u send the details through my WhatsApp number.

Advocate Pallavi Saha LawRato

682 votes

The situation you're facing with the obstruction of your access to the main road involves potential legal rights related to easements. Given that your house is situated behind two plots that directly touch the main road, and there are no other means of reaching the main road, you are essentially reliant on a pathway across these properties. The fact that one of the landowners constructed their house 12 years ago, seemingly leaving a 1.5 ft space, suggests a possible existing pathway. The recent action by the owner of the open plot to erect a temporary boundary and block your access, despite the local panchayat having previously intervened and established a 5 ft road, highlights a clear obstruction of what appears to be your necessary access. Under Indian law, particularly the Indian Easements Act, 1882, you may have acquired an easementary right in two ways. Firstly, through prescription, if you have been peaceably and openly using a particular path for access without interruption for a period of 20 years, a legal right to continue doing so can be established. The 12-year existence of the neighboring house with a 1.5 ft space left might contribute to this claim, especially if you and your predecessors have been using a pathway in that area. Secondly, you likely have an easement of necessity. This right arises when a property cannot be enjoyed without a certain easement over an adjacent property, which appears to be the case as your land is landlocked without access across these two plots to the main road. The panchayat's resolution to provide a 5 ft road further supports the recognition of your need for access. The landowner's subsequent disregard of this resolution by erecting a boundary is an actionable obstruction of your rightful access. To resolve this, you should first send a formal legal notice through a lawyer to both landowners, asserting your easementary rights and demanding the removal of the obstruction. If this fails to yield a resolution, the next step would be to file a civil suit seeking a declaration from the court recognizing your right of way and a permanent injunction restraining the landowners from obstructing your access. Simultaneously, you can seek a temporary injunction to immediately remove the blockage while the main suit is being heard, using the panchayat's resolution as supporting evidence. Gathering any evidence of your long-standing use of the pathway will be crucial in pursuing these legal remedies.

Advocate Salim Javed LawRato