Want to know about easement rights to path on others land

814 votes

In your case, you can file a civil case under Indian Easement Act for getting easement right over the said property.
any way , if you have no other way to reach public pathway /road, you are entitle 3 feet path way through others property.

If the said path way is a public property or using public as their path way, please file a petition to remove the obstruction before Sub Divisional Magistrate (RDO)under section 133 of CrPC.

LawRato LawRato

739 votes

Sir/madam, you have to file a civil case for getting your easement rights. Do you have any other path way to enter into your property?. You have to prove your usage in others property for easement rights.

Advocate Sreenivas V Pai LawRato

695 votes

From.your question I could make out that your way to NH has been blocked not to your home. So that you way access to your home through some other way and such being the case the right of easement won't arise.

LawRato LawRato

891 votes

Definitely you will get way to the property. You have got easement by prescription right over the property. Rest details will be given in further discussion.

Advocate Girish K. Raj LawRato

616 votes

Hai
ur claim in pathway is through easement by prescription. Also to establish some other rights if any, need to scrutinize ur title deed and need to physically examine the plot. Anyhow ur query says u have easement right by way of prescription. ie. claim of 20 years and document substantiating the same for 40 years. And for establishing the same a declaratory suit as well as prohibitory injunction suit will solve the matter. Now a days without going after declaration people opts simple injunctions. Tat is to be decided after vising plot.
N last u have to approach the concerned civil court for ur redressal. If the other party is amenable for a settlement we can go for a PLP which is cost friendly.

Hope am upto ur query

Advocate Manoj George LawRato