Easement rights
Remo Singha Roy
(Querist) 16 August 2012
This query is : Resolved
Respected Sir/Mam,
I purchased a land few years ago.It is a land of 5000 sq. feet,then, i sold half of it to purchaser which is on the back side of our same providing them common passage(6 feet) with easement rights(passing through our property).I want to know that whether a purchaser can do any kind of construction on it.The purchaser is interested in making concrete drainage system through common passage,which we are against it.we ,also have a common gate where each land owner can pass through it;that too the neighbor want to dismantle it.
I need to know my rights against this situation.what can i go about to solve my case.
also,what are the list of things one can do under easement rights and what should not be done under my situation.
I am requesting for a explicit reply from the panel of experts.
Adv.R.P.Chugh
(Expert) 17 August 2012
A lot depends on your sale deed for the part of the land that you've sold to him, if that documents the easmentary rights that he is going to have. The exact terminology used, however having said that an easmentary right normally implies only the right to have uninterrupted use of some passage/air/light/water, and not the right to make substantial alterations. If he is still not refraining, file a suit for injunction against him.
Devajyoti Barman
(Expert) 17 August 2012
The easementary rights are typical rights which are enjoyed by the dominant tenements for years together. Basically it is the nature of right which determines the easementary rights established by clear user and customs.
So check all your back deeds to determine the nature of user of the common passage.
If it has all along n=been used for passage only then you can go the civil court asking for injunction against any type of constructions in it.
Remo Singha Roy
(Querist) 17 August 2012
Thankyou Sir for the reply.I have one more question related to above mentioned problem based on your answer.It is explicitly written on sale deed that we are providing him the common passage(6 feet)through our land for walking purpose only without any hidden deed.Then,also,the neighbor want to make a drainage system(not underground) through it.The common passage(under our land )(6 foot)
has some small trees along the path and that too he wish to remove that.
What can he do against all the above scenario.and,
How can i resolve this problem prudently?
