Joseph George 27 December 2016

Close the pathway access while case exist

Sir, my neighbor has given a case to obtain an permanent injunction order, indicating that there is a public pathway in the middle of my property. I have done a compound walled with pathway for selling my property, they sale did not take place and now I don't have the need and and like to close the pathway which public is having an access. Although my document nor any survey or Govt documents says there is no such pathway. The case for injunction was is given dilatory method and without any merit documental evidence , My question is while case still exists can I build or demolish the compound or close the public access.The case is for pathway not the compounded wall. (I and my wife are the sole property owner)

Reply Follow

1 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 03 January 2017

Is or was the pathway being used by the public at any time? Does the pathway bifurcate your property or is it at one end? Is there a registered purchase deed of the property defining its boundaries and dimensions? If so does the pathway become your property? If the public were using the pathway regularly with no record of any objection raised by you and if the pathway is essential for access from a public place to a private place, your case is weak to hold on to the pathway. Whether you have a case will depend on answer to the above questions. If the court injunction has not already been given you can contest it. Usually in such cases the owners instal a board stating that "This is not a thoroughfare. Trespassers will be prosecuted."