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(Querist) 25 October 2008 This query is : Resolved 
Dear Sir,
My mother have a plot in orissa& she construct house there(1981) with basis of Privater mutual road.we were walking that private road upto 2004 then our neighbour said i dont want to give the road.on the basis of road development authority approved building plan. now we have another road to walk thru. We have spend lot of money due to change the face of other side.
what type of legal action can we take, so that we get the road or componsation?
Please email me.
Thanks for your time,
K.C.Suresh (Expert) 27 October 2008
Civil remedy is the solution.
Murali Krishna (Expert) 27 October 2008
The road you had been using upto 2004 was a private road as agreed by you. Then the question of getting any easementary rights over the road does not arise.

It was a concession given by your neighbour to use the land as road for a certain time, and it is not a perpetual right over the same.

If you do not have any other road and only through your neighbour's place you could have a case. Could you prove that your neighbour induced you to use the road through his place?
Manish Singh (Expert) 06 November 2008
if u had been using the road for 25 yeras, then it would have been converted into your easementry rights but unfortunately the time period is only 23 years.
Adv.Shine Thomas (Expert) 07 November 2008
In this matter you have no easementry right.I agree with the above two opinions.

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