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No road to reach my land what can i do ?


04-Jul-2024 (In Property Law)
Dear Sir I myself arranged a plot for three of us. There is no public road to our plot. But the public road ends to the plot. From there we can get roads for all of us. So we agreed to do the same at the time of registry 5 years back. But now he(friend/neighbour) is not willing to provide road to my plot as my plot is at last position and he is in front of my plot. There is no other way/road left for my plot as the whole plot is surrounded by different houses. So this is the only option if he can provide me road out of his registered land. Is there any legal help I can get help of? how to get road access to property ?
Answers (2)

Answer #1
456 votes

If your land is landlocked and has no road or public access, you have a few legal options:

1. Easement of Necessity

  • You can file a civil suit under the Indian Easements Act, 1882, claiming an easement of necessity.

  • This means you request the court to grant you legal access through a neighboring property if no other access exists.

  • To succeed, you must prove:

    • Your land is completely inaccessible.

    • The access sought is essential, not just convenient.

2. Easement by Prescription

  • If you have been using a path continuously, openly, and without objection for at least 20 years, you can claim a prescriptive easement.

  • You must prove that the pathway has been used as a right, not just with permission.

3. Prove Existing Right of Way

  • If a road or path existed in the past but was recently blocked by a neighbor, you can:

    • File a civil suit claiming the right of way.

    • Provide evidence (documents, witness statements, old maps) to show the road existed historically.

4. Mutual Agreement with Neighbors

  • Negotiate with neighboring landowners to purchase or lease a right of way.

  • Document the agreement and register it legally to avoid future disputes.

5. Approach Local Authorities

  • In some cases, Gram Panchayats, Municipalities, or District Revenue Officers can help in:

    • Allocating access paths.

    • Resolving boundary or access issues between landowners.

Helpful? LawRato27+ LawRato
Answer #2
962 votes
you can apply to the High Court under the PROPERTY LAW ACT 1952 for an order giving you an access right over a neighbour's property. Your application must be made to the High Court. Immediately after filing your application, you must serve a copy of it on the local authority for your area. The owner of each piece of land adjoining your land is a defendant to your application. Any person with an interest in your land or in any land that may be affected by an order has a right to be heard by the court in relation to your application. If the court decides to grant you an access right, it may do this in one of two ways: by granting you a right of way (an "easement") over a neighbour's land (see How to enforce rights conferred by an easement) by vesting in you the appropriate proportion of the ownership ("legal estate in fee simple") of a neighbour's land
Helpful? LawRato19+ LawRato

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