Right of passage

karthik chowdary (Querist) 10 May 2023 This query is : Resolved
Hi,
I have a case where i bought 2 acres of agricultural land and in my sale deed, my vendor has clearly mentioned that he has given me a right of passage of 33 feet wide road for agricultural and etc entry and exit purpose which i bought in 1996 and after some time i stopped agricultural and leased the same by constructing a sheds and have been using this same passage for the past 25 years and recently my neighbor who bough his site in 2006 who is constructing boundary wall has been trying to encroach into the passage and trying to cutoff my access to the national highway. My site has got another passage in 2010 which is a round about access laid by the government. The value of my site will fall by 50 % if i loose this passage. In sale deed it is recited as " As a convention we re proving right to passage in the 33 feet wide road created by us for agricultural ect entry and exit"

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A landowner purchased 2 acres with a 33-foot right of passage clearly stated in the sale deed from 1996. This passage has been used for 25 years, even after the land's use changed from agriculture to leased sheds. A neighbour, who bought their property in 2006, is now attempting to encroach on this passage and block access to the national highway. The landowner fears a 50% drop in property value if this access is lost and is seeking legal recourse, including a mandatory injunction, to protect their established right of way.

T. Kalaiselvan, Advocate (Expert) 11 May 2023
You can file a suit for mandatory injunction against the neighbor for putting up structures obstructing your usage of the common passage or the pathway and to remove the structures or the boundary walls built across. You can also ask for permanent injunction against the neighbor to restrain him from interfering in your possession and enjoyment of the passage on the basis of the recitals made in your registered title deed in this regard.
You can consult an experienced lawyer in the local and proceed as suggested.

P. Venu (Expert) 12 May 2023
Yes, approach the Court seeking mandatory injunction.

Dr J C Vashista (Expert) 13 May 2023
Did you personally attempt to stop alleged encroachment ? If so, what is their response ?
Contact, consult and engage a local prudent lawyer for appreciation of facts, relevant documents, professional advise and necessary proceeding.

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