Right to way
MAHESWAREE SWAIN
(Querist) 13 March 2015
This query is : Resolved
I have a query about the way that means one person who have constructed a house since last 10-12 years over the property and he has been paying rent,cess to the govt.and holding tax,water tax,electricity tax.....etc to the municipality. but the problem is that,though the house is counted as no.2 of the ward still there is no convenience for to and fro ,and there are some private persons plots around the house and they don't agree to let some area of 3 to 4 feet for path (Road) to the house . now the family members facing a lot for their to and fro. so kindly tell me can they apply for road to the municipality or any authority, from whom they can get relief or is there any solution.........plz reply me.
Devajyoti Barman
(Expert) 14 March 2015
They should have used any immediate adjacent land for the purpose of ingress and egress.
If they have been doing and continue to do so for another 4-5 years then they would acquire easementray rights over this and could not have been restrained from doing so
Dr J C Vashista
(Expert) 15 March 2015
Did you find any way/passage for ingress and egress at time when you purchased the plot/ house about 10-12 years back?
Did you ask the vendor for proper passage to reach your plot/house?
If yes, no one can block it, file suit for permanent injunction.
If no, what is the necessity/requirement at this belated stage?
It is the time to discuss the problem with your neighbours/ residents/ occupants of the area (that you require), find out some "way out" amicably. Purchase that much of land, if you can get/afford.
T. Kalaiselvan, Advocate
(Expert) 17 March 2015
The property documents is to be seen to give an opinion about the easement rights you are entitled. It is better to consult a local lawyer and find a solution to come out of the crisis at the earliest without delaying any further.
