Easement law

Querist : Anonymous (Querist) 27 May 2024 This query is : Resolved
Sir,
My neighbour agricultural land owner and adjacent block my way to my Ag land by fancing, this way we are using from past 40-45 years,
Also in 1973
And now in 2024
Collector sir given this way documenty permission
Still he Kay installed fancing to block our way
He is considering only 3 foot path is sufficient to reach ag land , while vehicle for farming need more wide way.
Kindly suggest ur opinion please

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Quick Summary

A landowner is experiencing issues with their neighbour blocking a long-standing agricultural access route with fencing, despite documentary permission from the Collector. The neighbour insists a 3-foot path is sufficient, but the landowner requires a wider route for farming vehicles. Legal advice suggests filing a suit for mandatory injunction to remove the obstruction and an application for easement rights by necessity. Clarification is needed on the type of vehicles used and the historical usage of the path.

T. Kalaiselvan, Advocate (Expert) 27 May 2024
You immediately file a suit for mandatory injunction to direct the neighbour to remove the obstacles and also an application for easement rights by necessity in the same suit

Advocate Bhartesh goyal (Expert) 27 May 2024
Yes, File suit for mandatory and prohibitory injunction against your neighbor and get restrained him to remove obstructions from pathway and not to make any obstructions in future.

P. Venu (Expert) 27 May 2024
I am afraid you have not posted all the material facts.
"while vehicle for farming need more wide way." Which type of vehicle? Have you or/and your predecessors-in-title have been using the same type of vehicle, which requires more than 3 feet pathway, for the past 40-45 years i.e. since 1973?

kavksatyanarayana (Expert) 27 May 2024
The property is ancestral as you have been using it for 40 -45 years, when did the neighbour block your way? For which purpose does the Collector permit you? Which vehicle either yours or your neighbor's? your query is not clear.

P. Venu (Expert) 04 June 2024
It is really surprising that the querist is unwilling to furnish the clarification as sought.

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