Easement right

Querist : Anonymous (Querist) 30 July 2025 This query is : Resolved
I own a commercial property in my town. Between road and my property there is a property of my brother which is measuring 7 sq yds. If I have to enter my shop, I have to walk through the above 7 sq. yds. site. They are threataning the person who is my tenant. Will I get easement right? If I am granted an onkection, what will be the next step? I was told that the court will appoint a person and I neef to show him the property to him amd convince him. Please let me know what will happen after an injection was granted.

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Quick Summary

This discussion concerns a property owner seeking an easement right to access their commercial property, which is blocked by their brother's land. The owner needs to traverse a small plot belonging to their brother to reach their shop. They are asking about the process of obtaining an easement, including potential court involvement and the steps after an injunction is granted. Advice suggests amicable negotiation with the brother for a registered deed, checking property documents for existing rights of way, and considering the history of pathway usage. The complexity of the situation means specific legal advice requires more detailed information.

kavksatyanarayana (Expert) 30 July 2025
If you want an easement right, you can negotiate with your brother amicably and get a registered deed for easement rights. The property belongs to your brother, and he may accept or reject it.

T. Kalaiselvan, Advocate (Expert) 31 July 2025
If you had obtained the proerty by a partition then certainly a pathway would have been left for you to access road from your property, you may go through your document about this passage for your ingress and egress.
How long you had been using this pathway and whether your brother never objected to your using this pathway?
Any advice given in this regard without knowing the proper details will be a mere misguidance, moreover it appears that you have already approached an advocate in this regard and probably a case has been going on, hence no concrete opinion can be rendered without proper details or based on the vague information you have posted here.

P. Venu (Expert) 31 July 2025
What do you mean by "commercial property"? So far, how you were accessing the property?

N.K.Assumi (Expert) 02 August 2025
What is the reason of asking Query in this forum by remaining Incognito?

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