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A.Sivakumar (Civil Engineer)     02 April 2009

Dispute with neighbour

I have an individual house in chennai. There are 2 streets for my plot. One from front side and another one from rear side. As per Registered sale deed address of my property shown as front side street only and nowhere rear side street metioned in the document. Till date i was using front side street only to enter by house. Now, due to Vasthu problem i am planning to close the entry from front side street and to have entry from rear side street. The rear side street belongs to municipality public street and not belongs to any individual person.

There are 4 plots in the rear side street out of which only one person constructed house and other 3 plots are vacant.

Now the person from rear side property objecting me to use the rear side street saying that, as per your address mentioned in youe sale deed you can use entry from your front side street only.

I am arguing with him that, since the rear side street belongs to municipality, any body can use the street.

Please advice me whether my argument is correct.

Also advice me, whether i can approach court to prove that i can use the rear side street.

Whether I can change the address in my sale deed legally.

 



Learning

 6 Replies

JAGADEESH GOVIND (ADVOCATE)     02 April 2009

Dear Sir,


Your argument is absolutely correct.You can enjoy the  municipality public street as your pathway.Presence of another pathway should not terminate your right to enjoy the public street.


If any person objecting your right,you can file a formal complaint before Corporation/Muncipal authorities or you can file a complaint before District Magistrate under Section 133 of Cr.P.C for removal of nuisance from the public place.


Regards,


JAGADEESH GOVIND

Swami Sadashiva Brahmendra Sar (Nil)     02 April 2009

mr. jagdeesh is right

hage nibo (lawyer)     03 April 2009

yes, I too do agree

Y V Vishweshwar Rao (Advocate )     03 April 2009

 I agree with Shri Jagadish Govidn and furhter ad that;-


Your proeprty is bounded by two roads as mentioned in your sale Deed .


The Address mentioned  in the sale Deed ,  as front side Road( situated at  Road No;---- etc )  has no relevancy .


The Owner of the property has every rigth to enjoy the Public Road / Roads abutting his proerty and that too total lenth/Width  of the Raod/s   abuttign his  property . The niebour has no right to object the usage of the Roads  by another property owner , it is not others exclussive road / or exclussive lane


 

Ashey   03 April 2009

The address on the sale deed is immaterial ... you must have shown that rear side road as rear side boundary of the property .. if not .. please execute a rectification deed ...

Ashey   03 April 2009

you can file a civil suit for injunction restraining the persons objecting you from in any way restricting / troubling your access through the rear road


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