Regarding the easement right for walking

vamsi (Querist) 24 May 2016 This query is : Resolved
sirs,
my house is behind the others and i have 4 feet galli with easement right to walk. i lived in this house for so many years. now the oweners of the house in front of my house trying to sold their house by showing the 4 feet galli is also part of their land. they are nothing to said the same. my lawyer said you cannot file suit for injuction because it is not in your possession. you can not file the suit for declaration because you have only easement rights. so what can i do. can i file the suit for my relief of protecting my easement right for walking and others. please suggest me its urgent.

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dr g balakrishnan (Expert) 24 May 2016
any buyer of the plot need to give you the easement right; for the new buyer cannot escape easement right of yours sir.

Rajendra K Goyal (Expert) 24 May 2016
Discuss with another lawyer and show him all the documents.

If you are prevented, try to take stay orders from court.

Kumar Doab (Expert) 24 May 2016
If possible involve elders/local persons and this be included in sale agreement/sale deed.

Consult an able counsel at your location ASAP.

dr g balakrishnan (Expert) 24 May 2016
Nobody would prevent you to use the easement; you have right royal right, the seller would have told the fact of easement to the buyer, else sale agreement s defective, and the seller could be sued by the very buyer himself for not informing the covenant .