Right of Way dispute in Kerala
23-Apr-2023 (In Property Law)
What does the law in kerala say in respect to "right of way"?
In my case, property of my far distant cousin is situated towards interior of our ancestral piece of land and since many years they have been using the path passing through our property. We had always allowed them right to passage but now they have gone legal to claim and get that path written out to them on papers. Also, they are asking for a wider path, which allows them bring in truck and cars to their premise but we are not ready to give more than walking access to their home.
Additionally, a year back a confrontation happened between this cousin's family (wife) and my uncle (who lives nearby) about the access to the path and this cousin's wife filed a complaint in police station stating that my uncle threatened them and also, that she is entitled to the path as she has been using it for years.
Looking for advice on what law says about the basic right of way as applicable in Kerala and what should we do next
Right of way through others property is governed by Easements Act. as per this act only in three ways a right of way can be used. easement by necessity, prescription, and Grant. whatever way it would be, the person who is enjoying cannot make any claim for widening etc. only the right is for uninterrupted use of present pathway subject to fulfillment of conditions in the act
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