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Rock (SE)     16 July 2023

Access to common path from my land

My father brought a land 13 years ago. When the land was purchased, the owner gave us a pathway from main road to our land which was 20 feet (touching south-west corner). At the time of our purchase, he did not sell any other part of his property. The 20 feet pathway was the only accessible to us and that pathway stops at the begining of our land and does not goes further. After few years, he divided his land which was behind our land and sold them to other parties. Furthermore he has extended that 20 feet pathway till the end of his land, so that the other parties can use that pathway. Now the problem is my land at the south is 25 meters length. The pathway that is given to us is only 6 meters south-west. From the 7th meter till 25th meter he has built a wall so that i don't build a gate or use that path. We requested him to remove the wall, since outside our land is the common path which he has extended for the parties behind. However he refuses. Please advise. Is it legal for me to ask him to remove that wall which he has built in the common path, though in document its not mentioned?



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 4 Replies

T. Kalaiselvan, Advocate (Advocate)     17 July 2023

If the wall built by him obstructs your pathway or your access to road, and if you do not have any way from your property to access road, then you can file a suit for easement rights by necessity and also an application seeking mandatory injunction against the opposite party to remove the obstruction he has built in the common pathway.

 

1 Like

Dr. J C Vashista (Advocate )     17 July 2023

The query has already been repeated number of times, as may be observed from profile of author some of them are:

posted a new topic in forum Access to common path from my land

replied to a query in Experts Use of common pathway which has been extended

replied to a topic in forum Access to the exteneded pathway

posted a new topic in forum Access to the exteneded pathway

asked a query in Experts Use of common pathway which has been extended

replied to a topic in forum Usage of common path

posted a new topic in forum Usage of common path

More

Read more at: https://www.lawyersclubindia.com/profile.asp?member_id=228079

Real Soul.... (LEGAL)     17 July 2023

Repeated  query it was replied properly previously.. 

Wasting time.

Rock (SE)     17 July 2023

Real Soul,  I understand your time is important but getting the right solution to the problem is also important.  The answers which i received are not relevent to the query. I had uploaded the diagram to explain. Hence this query was raised. Let me know if younhave an answer. Else thats okay


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