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Refusal of easement rights of property as been using since 30 years
27-Jan-2023 (In Property Law)
I have purchased the land from one of the two brothers. I and his brother were enjoyed the common path to the land from past 30 years which is in govt land(Poramboku land). At present he has illegally occupied the govt land completely and he is not allowing me to use that common path to my land. Now, I don’t have any other path to reach my land. What is the legal step to get back the common path right to reach my land.
You can file suit for declaration that you have easement right. Until the declaration is given you can obtain Stay (interim injunction) against the said brother from restricting you to use the common passage.
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Adv. Santhana Lakshmi
Chennai | 25+ Answers
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You have to file a suit at the proper court for establishment of your easement rights and for rightful access to your land. You may also file a police complaint against that person for encroaching upon poramboke land.
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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1. You can make representation before concern Tahsildar, RDO, and Collectorate.
2. If Tahsildar didn't take any action within a month, you can file a writ for direction to direct the tahsildar to evict him from
the poramboke land.
2. If Tahsildar didn't take any action within a month, you can file a writ for direction to direct the tahsildar to evict him from
the poramboke land.
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Adv. K S Rajeshkumar
Chennai | 25+ Answers
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