Pushkar (DR) 06 October 2011

Access path/easement

Hi,

My brother has a house to which there is a 15ft wide access path. There is no other path to access the house. This 15ft path is in joint names of 3 people which includes my brother (owner of the house) and me. He has another peice of land adjoining which does have a face on the main road and is accessible from there. However, my brother has opened the gate of even that plot onto the 15 ft path. Is it allowed to do so ??

Also, can he unilaterally pave the 15ft path without the permission of the co-owners of the path.

India | 8541

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2 Replies

K. GOPALAKRISHNAN (ADVOCATE) 07 October 2011

Dear Pushkar,

Could you let me for how long your brother is using the path to access the property in question.

Pushkar (DR) 07 October 2011

For around 18 years But it is shown as a joint property and bhumidhari in all records.There is no mention of the path in any record. So can he pave it without our consent.