Necessity easement

This query is : Resolved 

Querist : Anonymous (Querist)
14 September 2019

Respected members of Lawyers Club India,

Around 13 acres of land was developed as venture in 2000.The venture is surrounded by agricultural lands(given by Govt). Later on residential houses were constructed in such venture, colony was developed. The said colony was registered in 2015.Before 2015 people has acquired plots in that area. There is only one main road(road occupies part of agricultural land given by govt) to enter into that colony. At that time of making layouts of venture, the developers of venture has brought part of land from the owner of such agricultural land at an oral agreement and paid adequate consideration.The owner of agricultural land(suppose Mr.A) has not raised any objection at the time of laying road. The road is being used by the people of colony since 2000.

Recently Mr.A has made fencing across the road(his land) creating inconvenience to the public.When we people(colony members) have questioned him about the road and consideration which he received in 2000, he was saying that he did not received any amount and such land belongs to him.He also said that the reason for not reacting to the situation since 2000 is the same agricultural land is under dispute with his family members and the case is in the court.And the case was settled now.

The question here is whether can we claim Necessity Easement as we are using the road since 2000.If yes, please prescribe the procedure to remove the fencing from the road.We didn't have any Document evidencing the payment of consideration.

Thanks in Advance.

Dr J C Vashista (Expert)
15 September 2019

It is advisable to consult a local prudent lawyer with relevant facts and documents, which needs proper analyses, guidance and proceeding.

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