• Neighbors not allowing to fix a gate in my property

I have 9.6 cents land with one side punchayat road; I have purchased this land 10 years back for using 3 meter-wide road to my backside home, which only have a 3 feet path way to connect other side punchayat road. Neighbors started using my private road for crossing both the punchayat road. When I try to fix a gate in my land, few of them started to saying that they need 3 feet pathway to use short cut through my land. They now claimed that they are using last 30 years this pathway. What I can do in this situation
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1)there must be some other acceess to other side panchayat land

2) Section 13 of the Indian Easements Act deals with easement of necessity An easement of necessity means an easement without which the property cannot be used at all. Mere convenience is not the test of an easement of necessity. It can be claimed only when there is absolute necessity for it, i.e. when the property cannot be used at all without the easement and not merely where it is necessary for its reasonable, or more convenient enjoyment. A man cannot acquire a right of way as an easement of necessity, if he has any other means of access to his land however more inconvenient it may be than be passing over his neighbours.

3) let your neighbours go to court to claim access through your land

4) deny that they have been using pathway for over 30 years

Ajay Sethi
Advocate, Mumbai
97333 Answers
7865 Consultations

neighbours had acquired easementary right in view of Section 15 of the Easements Act by

prescription of continued un interrupted user

2) in present case if they have enjoyed uniterrupted use of pathway through your land for 30 years they can claim easmentary right of perscription

Ajay Sethi
Advocate, Mumbai
97333 Answers
7865 Consultations

Neighbors started using my private road for crossing both the punchayat road. When I try to fix a gate in my land, few of them started to saying that they need 3 feet pathway to use short cut through my land. They now claimed that they are using last 30 years this pathway. What I can do in this situation

The neighbors cannot claim the use of the pathway as a right especially if they have a different pathway for ingress and egress or easements.

You dont listen to the neighbors nor you should be scared or frightened by their threats.

You can put a gate in your own property and keep it locked.

If any neighbor is objecting to this, ask him/her to approach court for remedy and relief.

Despite this, if anyone is creating problem, you may lodge a criminal complaint for nuisance and trespass offences.

T Kalaiselvan
Advocate, Vellore
87534 Answers
2349 Consultations

means they can make a negative impact, if they prove this path-way using last 30 years,

If there is some other way for access to main road or panchayat road, this cannot be considered as public pathway or common passage for neighbor.

They can use that was even if it is a lengthy route.

You may object their usage and can put a door or gate blocking their usage.

T Kalaiselvan
Advocate, Vellore
87534 Answers
2349 Consultations

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