SALAM (PROCESS LEADER) 31 July 2014

Private road formed by third party,and it's access acces ,

hi,

i HAVE A PROPERTY FOR WHICH I HAVE TWO WAY ACCESS.ONE IS

1)ROAD(EARLIER IT WAS ONLY A SIDE PATH ,WHICH PEOPLE USED TO TAKE BY WALK,THROUGH THE PASSAGE OF YEARS IT GOT DEVELOPED AS A ROAD) ON THE BANKS OF A PADDY FIELD WHICH RUNS THROUGH THE SIDE OF MY PROPERTY ,FROM WHERE I HAVE BUILT A BRIDGE AND USING IT FOR MY ACCESS

2)There is another road which got developed by a third party ,meeting the other edge of the above said road which again gets extended to the main road.my doubt is whether i can use the private road being developed by the third party which any way is meeting the road which passes in front of my land.This is being used by almost all whom are staying nearby places of both roads.

The problem is the private owner is threatening to close down(he has access from other side to reach the main road) the private road unless we pay some one time fees to use the road,Is it legally possible.

What is the option out there to get access through this private road legally?

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1 Replies

T. Kalaiselvan, Advocate (Advocate) 02 August 2014

The so called private road is the private property. A third party should obtain permission to use the property (road) from its owner and it is his discretion to allow or to decline. If there is access way at all to your property for ingress and egress, you may file a suit for easement rights otherwise, request the owner to allow you utilize his property on the nominal payment he may charge.