Since you were using the space so far as a only way to reach your land , you have acquired prescriptive right over this pathway.
Now you can not be deprived of this .
If they are resisting you to use this then you have only option of filing a declaratory suit and for permanent injunction.
Soil digging from agricultural land
Hi Sir, I have a piece of Agricultural land in Sirsa Haryana which have no legal access. I am using a path and agricultural land of some other parties to access my land since 30-35 years. But now the parties are demanding money/land in return. Also to harassing me they are digging up their cultivated land which I was using to access my lands. If they do so My field will be at higher side so I cannot approach to my fields for ploughing through tractor/any agri implement. Please specify the rule under which I can Challenge them to do so. I have listen that there is some rule in Our state that the farmer cannot dig up the soil unless the agreement of the neighboring farmer who suffer from this activity. But I dont know that act in detail. please provide me legal advise to tackle the problem
Asked 10 years ago in Property Law
Religion: Sikh
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7 Answers
Sir I am asking you to reply with a law of my state to restrain the anti party not to dig up the soil from his farm which is a source of ingress and egress to my fields
Asked 10 years ago
1) you will have to seek permanent injunction restraining a permanent injunction restraining the defendants from interfering with your use and enjoyment of the `right of passage' over the suit property
2) under section 32 of easement act you have Right to enjoyment without disturbance. -The owner or occupier of the dominant heritage is entitled to enjoy the easement without disturbance by any other person.
3) under section 35 of easement act injunction can be granted restraining disturbance of the easement
Youa re advised what to do. If you can not understand then meet a local lawyer with this piece of advice and then you will understand.
Hi, as per law of easement you can use the land belongings to other for free ingress and egress and if they obstruct it you can approach the court for law of easement.
1. There is no law specific to your state to address the issue raised by you.
2. You have been using the path for 30-35 years. So you can enforce your easementary rights in the land.
3. You can also seek an immediate stay order to stop them from digging the land as the easementary rights are incapable of enforcement if the land is dug.
1. Lodge a police complaint for your neighbours restraining you from accessing your land,
2. You have the right of ingress and outgress your land as per the Act.
1. There is one provision as per which soil can not be dug without permission for the purpose of mining,
2. It is not so in your case and it is purely creating hurdle on you to access your land.