Syed 30 September 2023

Blocking my way.

Hi,
There is a government road from my
neighbouring colony approaching towards my wall and also touching it which is on the dead end. I had put a gate here 20 years back on this open plot and now I have constructed the house and wanted to put the gate back but the neighbors are not allowing me and has constructed a wall on the government road to block my way.

Is it legal for me to open a gate here as it is not an obstacle to anyone as this is a dead end and also is it legal to erect a wall on the government road.
Looking forward for your valuable advice.
Thanks.

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Quick Summary

A homeowner's access to their property has been blocked by a neighbour who erected a wall on a government road. The homeowner previously had a gate in the same location for 20 years. They are seeking advice on the legality of reinstalling their gate and challenging the neighbour's wall, especially as the road is a dead end. Legal experts suggest the neighbour's wall is likely illegal and advise filing a suit for mandatory injunction, while also recommending consultation with a lawyer with relevant property documents.

4 Replies

T. Kalaiselvan, Advocate (Advocate) 30 September 2023

If the road ends in your building and if that was also one of the exit/entrance to your house property, then you can very well re-fix the gate that was abandoned earlier.

The building of a wall on the gvovernment road by your neighbor especially with the intention to block your way is illegal.

You can file a suit for mandatory injunction to direct the neighbor to remove the wall by demolition and also to not to obstruct your easement rights.