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Shiv Tarachand   12 March 2025

Easement rights

Under easement rights, what is the minimum widdth of the road or pathway to be given to the people behind our land? What are they entitled to as a right? Are they entitled to it for free or do they have to pay for it? How is a resonable fee calculated? Obviously, we cannot demand an exorbitant fee. 

The land behind our land belongs to our relatives and they have been passing through our land by an unofficial road of approximately 20 feet widdth. Their people and vehicles use this road. This has been going on for about ten years now. Before that, they were using a different unofficial road, but it was blocked by that owner. All of us are relatives. 

There were several meetings in the past among us to settle the issue of road, but strangely the issue was not settled, due to reasons beyond my comprehension. To put it briefly, several people are involved on both sides and they are playing politics to keep the kettle boiling. 

We never took a single paisa from them, at least as far as I know. I do not know whether somebody else on our side is taking any money from them. 

Now, they are harassing us with the help of this road. They are passing through this road and dumping garbage on our land. They say that they are not doing it, somebody else is doing it. We had asked them to hire security or watchman to monitor this road, but they refuse. 

So, I decided to block this road. Can I file a court case against them and ask them not to enter our land? Will it be valid? Do I have a right to block the road with or without filing a court case against them? Kindly advise. 



 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     12 March 2025

You can execute a deed for easement rights with those people as to how to use the pathway for no consideration. The deed requires a stamp duty of Rs.100/- only.

1 Like

Shiv Tarachand   12 March 2025

Probably it is not clear from my question. 

The issue is not settled. The unofficial 20 feet road currently in use is only a temporary solution. The people on both sides do not agree to make this road a permanent road. 

So, I want to block this road now. 

T. Kalaiselvan, Advocate (Advocate)     12 March 2025

if this prioperty belongs to you by a registered title deed, you can very well restrict others from using it, if at all they have grievance let them approach court and the court may pass suitable ordrs on merits

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Shiv Tarachand   13 March 2025

Thank you, sir. I want to block the road, but before doing that, I thought it would be better to be aware of the easement rights of the people behind our land. 

P. Venu (Advocate)     13 March 2025

Easements rights is restricted to the mode of its existing usage. For instance, if it is a pathway or a path for plying bullock carts, no rights could be claimed for plying of four-wheelers/trucks esp, carrying heavy loads.

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Shiv Tarachand   14 March 2025

Grateful to all experts for your responses. 

Vishesh K Sapra (Advocate Supreme Court (888-215-3399))     16 March 2025

Hi Mr. Shiv, 

Easement rights grant a legal pathway to landlocked property owners, allowing them access through another’s land. The minimum widdth of such a pathway is not strictly defined but is typically determined based on necessity and established usage. If an easement by prescripttion has been established through continuous and uninterrupted use for over 20 years, it may be legally enforceable.

Beneficiaries of an easement right are entitled to reasonable access but must use it without causing obstruction or nuisance. Compensation or fees for granting an easement depend on mutual agreement or judicial determination. A reasonable fee is generally calculated based on land value, inconvenience to the servient owner, and the extent of usage, ensuring it is not excessive or exploitative.

If the pathway in question has been in use for over a decade without formal recognition and is now being misused, including unauthorized dumping of garbage, the owner of the land has the right to take legal action. Blocking the road without legal proceedings may lead to disputes, but if ownership is clear, the servient owner may restrict access unless a court orders otherwise. Filing a suit for trespass or seeking an injunction to prevent unauthorized entry may be appropriate legal recourses.

For further legal consultation, contact me at adv.vishesh@icloud.com.

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