https://s13.postimg.org/462mdzdaf/Gate_Dispute.png I am from Chennai and have a house in a South Chennai Suburb on a plot of land of 9 cents. Accoroding to my sale deed the passage provided by my seller is 12" road on the east (shown in black). My new neighbour had a vacant plot of land on the south side of plot and recently built a 2 storey 6-unit flat complex thorough builder partnership.Of the 6 flats he owns 3 (not yet registered). The remaining 3 flats have been sold by the builder and undivided share of the land also provided to those 3 flat owner. The land owner, my neighbour resides on the ground floor. We had a small gate on the south west side (Shown in green) measuring about 4 feet in widdth and had been using that since 2001 without any encumberance as there was no pucca road at the south east end (shown in red). The 12' road shown in black was only laid a couple of months back and still does not have tar topping. We fixed a new 4' there and demolised the wall and removed the 4' gate to fix a bigger 10' wide gate. The neighbour did not have any objection to us using the small gate all these years and now when we tried to fix the new gate between points A and B, he has raised objection saying that we do not have right of way on his side. He has threatned to build a wall across points A-B if we put a 10" gate there. He even dug out the earth to an extent of 10 feet next to our land. He claimed verbally that his land extends upto Point A so his land is actually measuring 64 feet on our south. Next he called the seller of the land who came and told us in threatening language & tone that we don't have right of passage on that side. Following this we suspended the gate construction and left the gap open. I got a copy of documents for the neighbours land from the Registrar office and on examining the extent of land sold and brought it only shows 54' on the north (south of our land). So this person is falsely claiming ownership of land not brought by him. In the sale deed it shows "ROAD on WEST side" and there is not sketch attached. On examining all the online EC records there is no other record of Sale of the 10x40 feet of land to my Neighbour as private land. It looks like the Seller has left 10" of land for public road. There used to be a street name marker pointing south but that was removed sometime by municipality. Therefore the status of the kutcha road is not clear. The 20" cement road on the eastern end of the picture is approved and sanctioned by the municipality. But underground drainage was laid a couple of years back on the kutcha road and there is also a manhole. I consulted a Land Surveyor and he says that neightbours ownership is only to the extent of 54' and the neighbor cannot falsely claim ownership of land released by seller for public road and block our passage. I would like to know what are the laws for passage and right of way. Do the land sellers decide who can have a gate on a public road and who cannot? Do we have to only use road shown in Registered Sale Deed sketch or if there is a public road more convenient, we can put a gate a have passage? My questions are if the neighbour built a huge flat complex with 6 dwelling units then they would have definitely shown a road else how did they get building plan approval (and housing loans for flat owners)? These layouts are not approved layouts and most houses built long back don't have construction approval.
What is the remedy for this.
