Easement right

Nidhin jose (Querist) 27 August 2015 This query is : Resolved
I have a piece of land.And to that land we are passing through other guys land.in 1975 we got easement right of 3.6 m width.but right now they are claiming that we dont have easement right.i want to know about the validity of 1975 z easement right that i got?and if i proceed through court whether i will get 3.6 m width path.or if they went for an appeal whether the width will be reduced?is there a specific width granted by easement?what is the maximum width granted by easement?

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Anirudh (Expert) 27 August 2015
There is no thumb rule for this. All will depend upon the ground reality; traditional use etc.

What the court will do when you approaches it will depend upon the documents, evidence, and the pleadings done so far, etc. Nobody will be able to predict the outcome especially when one is not aware of the ground reality and having not seen the documents.

P. Venu (Expert) 27 August 2015
Admittedly, the easement rights have been, reportedly, enjoyed for the past fifty years. Why this change of heart?

Most probably there is some new development which you have chosen to disclose. There cannot be smoke without fire.

Rajendra K Goyal (Expert) 27 August 2015
Court may not change the present position till no other factor is produced before it necessary to change the position.

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