easementary rights

RADHA PYARI SRIPADA (Querist) 15 September 2008 This query is : Resolved
assuming there is a property abt. 580 sq.yds. a portion of it admeasuring 176 sq.yds is being sold on the rear side facing east. an easementary right of abt. 10 feet is granted to the purchser permitting entry to the rear side from the southern side of the property. now when we intend to develop the property for the construction of flats, can we include the portion granted for easementary right without impending the right to entry / access to the purchaser after construction of flats. whether he has a right to object development to the extent of 10 ft. granted towards easement?
thanking you in advnce for the immediate response.
RP SRIPADA

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Manish Singh (Expert) 16 September 2008
easementry rights towards the way can not be blocked and no construction can eb done over the said area.

G. ARAVINTHAN (Expert) 17 September 2008
The Dominant owner has right for pathway and the Servient owner cannot block the way.

The right to use the pathway is clearly stated in Indian Easements Act