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Advice in pathway dispute among neighbor and owner of property.
30-Oct-2023 (In Property Law)
Sir, here the first party is my father and second party is my father's brother. The third party accused is Another neighbors. Second party own land behind our property. There is no separate pathway for them. When constructing wall around my property, we left 4 feet path on the side so that the third party can access it. Now, the accused 3rd party is trying to take the 4 feet and trying to build concrete road. The accused lives next to the 4 feet pathway. We need to sort this out.
You had voluntarily without receiving any consideration left 4 feet for his access and now he enjoys it for free ingress and egress to reach his hose. You have to ensure whether he has any other way to reach house. If he has any other pathway you can close the common path and file suit to restrain him to use your land and stop him. If he does not have any other accessibility you can restrict him by way of filing suit for injunction restraining him to laying permanent structure on your land without your permission . Immediately issue legal notice to him.
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Adv. Senthil Kumar L
Chennai | 25+ Answers
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The issue involved here is the easement right of the third party. To solve this problem first find out how all the three got their respective lands. If the third party’s land was part of your land earlier and if they were using this pathway for quite long period then naturally they got easement rights. On the contrary if the third party has another way then you can move the court and stop the construction of concrete road.
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Adv. G. Asok
Chennai | 200+ Answers
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You have left 4 feet for the usage of third party right? So what cause you harm when he (Third Party) laying a concrete road for his access? Is there any obstruction by doing it ? You haven't mentioned it. If there is any permanent obstruction for others to use this pathway can file an injunction suit with easementary right.
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Adv. Manoj Raghuram
Madurai | 100+ Answers
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