LawRato

Builder blocking common passage can i remove the gate blocking it


16-Feb-2023 (In Property Law)
I have an inherited property which has 50% built up area and 50% area has Chawl type construction having one tenant. The Chawl has 3 exit doors and 3 windows opening towards a "common passage" being used from my father's days (Around more than 50 years). On the other side of the "common passage" is also chawl having rentals by many. All have been using the same "common passage" to reach to the front road for the same period. Recently a Builder has purchased whole area and yesterday has blocked the "common passage". I have alternative exit to the front road but I cannot use the "common passage" exit since yesterday. My tenant has sole exit route through "common passage". However on measurement it is possible that the builder may claim up-to my wall parallel to "common passage".Meanwhile the builder has allowed an alternative passage but that passage has no legal standing. The builder may block the alternative passage whenever he starts property development.Can I remove the blocked gate?
Answers (1)

Answer #1
698 votes
You have to now file a suit for declaration to use this passage as common pathway and injunction as well so X is restrained from putting any hindrance to you to do so.
While filing such suit apply for ad-interim injunction as well.
Meet a local civil lawyer to do so.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."