Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 14 September 2021
SHIRISH PAWAR, 7738990900 (Advocate) 14 September 2021
Shubham Bhardwaj (Advocate) 14 September 2021
Sudhir Kumar, Advocate (Advocate) 12 January 2022
Your queyr seems to be unde easement rights. No fruitful view can be formed without local examination and other surrounding facts. You are therefor eadvised to approach a nearby lawyer.
Anaita Vas 13 January 2022
The concept of easement has been defined under Section 4 of The Indian Easements Act, 1882.
It includes the right to do or continue to do something or to prevent or to continue to prevent something in connection with or in respect of some other land, which is not his own, for the enjoyment of his own land.
Right of way is an example of easement right. A right of way is a right to pass over the soil of another person uninterruptedly. Rights of way do not fall under the denomination of natural rights. They are discontinuous easement, and may be acquired in the same way as the other easements are acquired.
Right to way may be limited to agricultural purposes only and the existence such a right is not itself sufficient evidence of general right for all purposes- to carry lime or stone from a newly opened quarry, or it may be limited to the purpose of driving cattle, or carriages or of the passage of boats, or it may be a horse way or merely a way for foot passengers, or the right of user may be limited to such times as a gate is open,or to certain hours of the day, or when the crop are off the land. A right of way acquired by prescripttion for agricultural purposes can be used for other purposes provided that the burden on the servient tenement is not increased by such user. When a right of way is granted by conveyance for access and use of a particular land, it cannot be extended and utilized for cultivation of another adjoining land.
First approach the local municipal authority and try is you can do something about this issue. If this attempt turns out to be fruitless, I suggest you to file a civil suit against your neughbours.