Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sanjay Singh   17 June 2022

regarding property

i have a plot of rectangular shape but before reaching my plot i have to pass an another plot.So i have to pay him for using the road also i had agreed to pay some expenses during maintenance of that road. But now that person harrassed me after few months that he closed the road which i used for my personal.
Can you give me the proper suggestion what to do?


Learning

 2 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     17 June 2022

There are no elements in your query.  Resolve the problem amicably with the help of your neighbors.

Sravika Reddy Kohir   18 June 2022

Hello Sanjay Singh, I acknowledge your question. Every owner of a property has an easement right, right of way. They are for the beneficial enjoyment of the both parties. Here in this scenario, you possess the right of way and thereby it provides you a specific relief from violations of basic rights.

Here your neighbour objecting you of right to way constitutes a nuisance. Under the section 4 of The Indian Easements Act, 1882 it says that such a right is granted because without the existence of such right an occupier cannot absolutely enjoy his own land. Under section 13 of the Act, it talks about easement of necessity, i.e., your condition right now wherein the owner of the land cannot use the property without exercising the easement right over the other owner. If the owner does not let you or refrains from passing through the easement way you can file complaint for nuisance and also suit for injunction under section 39 of the Specific Relief Act.

I hope I have answered your question.

Have a good day.


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