Dinu 07 August 2023
Hi.. I own a plot for which we are sharing a private road with another person who owns near by plot. We both have easement rights on the private road. Recently the other plot owner constructed a ramp in the private road in front of my property such that it reduces the frontage of my plot. What can be done here? Is there any judgements available which can help me file a complaint
T. Kalaiselvan, Advocate (Advocate) 08 August 2023
If he has constructed a rampage/structure in the private road, issue a legal notice to him to remove the same, failing to respond you may file a suit for mandatory injunction to direct him to remove the obstacle built by him in the private road and also for permanent injunction against him restraining him from putting up any such structures in future.
Dr. J C Vashista (Advocate ) 08 August 2023
Discuss with "other" plot owner and settle amicably.
otherwise
File a suit for declaration and permanent injunction through a local prudent lawyer.
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 08 August 2023
In order to establish a right by way of easement of rights , one has to show that the incumbent has been using the land as of right peacefully and openly and without any interruption for the last 20 years. There should be categorical pleadings that since what date to which date, one is using the access for the last 20 years.
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