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Nighbour obstructing way to my main gate
22-Aug-2023 (In Property Law)
I live with my aged parents. The main gate of my house is attached to a 6 feet wide and about 60 feet long by-lane. There is one more house apart from mine on this by-lane. My neighbour is keeping two of his two-wheelers parked outside his main-gate 24x7 thus blocking about 3 -3.5 feet of the by-lane. This is creating an obstruction on the exit of this by-lane and in any emergency case if I need a quick exit (ambulance/rickshaw) this will pose a problem. I am also facing issues moving my own vehicle out.
My neighbour is refusing to move his vehicles from the by-lane or even park them inside his boundary walls (which has enough space inside). He claims that he can do whatever infront of his main gate.
Is there any legal resort I can take ? (This is not a private lane)
You can definitely file a case praying for injunction restraining the other side from blocking the ingress and egress of the passage. If you get the order of injunction, they shall be prohibited by the Court to keep the vehicles and even if they do that, you will get police assistance for violation of order of injunction. Many of my clients got relief this way. All the best and regards
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Adv. Ujjal Kumar Ray
Kolkata | 200+ Answers
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thoda permanent solution immediate response alaigal lines must be taken as because the lockdown is going on we need to hurry up with this matter and file the case before the appropriate Forum and the court please come to me with the original document so that I can help me
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Adv. Mandobi Chowdhury
Kolkata | 25+ Answers
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Since you have made it clear that the lane is not a private lane, you can always file a suit for easementary right over the usage of the said lane. You can also file a complaint before the local police station and also before the municipal authorities.
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Adv. Gunjan Shah
Kolkata | 100+ Answers
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