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joseph alex (manager)     25 May 2022

Access to the land behind private property

I have an agriculture land. There is a house behind my land and they are walking to their house through my land. They are using the walk way in the center of my land. My questions are

1. Can they legally claim a higher widdth ( for car passage) in future? Will my obligation ends in giving a walking widdth?

2. If their land can be accessed through one side (inside) of my land, can I demand them to shift to using that path?

3. what should be the minimum widdth that I should provide them?



Learning

 1 Replies

Mahi Manchanda   22 June 2022

Hi,to answer your question --

1. No, the dominant owner (owner of landlocked property accessing neighbours property for way) cannot by merely altering or adding to the dominant heritage substantially increase an easement.

Where an easement has been granted, its extent shall be proportionate to the extent of the dominant heritage. If the dominant heritage is increased by alluvion the easement is proportionally increased and if the dominant heritage is diminished by dilluvian the easement is proportionally diminished. no is meant is affected by any change in the extent of the dominant or the servant character. Except these situations, in no circumstances can easement be changed.

2. With mutual consent, the path of easement can be revised. The dominant owner can change the rpath of easement as long as he does not impose a burden on the serviant heritage.

3. minimum widdth for ingress and egress to the property should be provided.

I hope this has answered your question.

Have a nice day!

 


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