I had bought a piece of land 13 years ago which has only provision for a narrow pathway(walk-way) only as clearly mentioned in the sale agreement. Now I want to construct a house there for which I need unrestricted movement of trucks and JCB etc. The 3 feet wide path way is not sufficient for truck access. The neighbor/landowner refuses to give me wider access and refuses to cooperate. My mistake that I should have checked the land access while buying but unfortunately I did not. Is there any legal recourse available to me through the court/tehsildar etc ? All other methods to convince the owner have failed.
You can issue legal notice to neighbour to permit access to trucks etc needed for carrying material on site
2) if he refuses obtain court orders to direct neighbour to permit access for trucks etc
3) you can claim easmentary right of necessity as there is no other access to your land
Hello,
If your registered sale deed has a mention about the easement rights, you can enforce your rights to that extent alone and you cannot claim for any additional easement as a right.
Since you require this facility to construct your house on the vacant land alone, you have an option to request the adjacent land owner to permit you to ferry the construction material into your land and also to allow the JCB vehicle temporarily for the purpose of construction.
You cannot claim it as a right neither any case before a court of law including a suit for injunction to refrain the neighbor from blocking you to use his property shall be maintainable, in fact the court may not even entertain your lawsuit seeking this relief because you neither have any rights nor any interest over his property.
Thus you may have to restrict your usage to the existing pathway alone especially in the event of the neighbor not cooperating with you to accommodate your request and make an alternative arrangement to construct your house on your vacant land.
Your claim is unreasonable. Easement right is that right to use adjacent land property for beneficial enjoyment of other property.
You already have a pathway for ingress and out great for enjoyment of your property. So no easement right is attached with your property.
You can not claim other property for your benefit except for bare necessities.
An entry for truck or other vehicles do not fall within the ambit of bare necessities.
If such thing is allowed by court then someone would claim easement right on highway for other kind of heavy vehicle. This is some sort of example to clear the concept of easement right.
Make alternative arrangements for truck movements or seek permission from the owner of adjacent land for temporary use.
Thank you for your responses. Even all the previous agreements (Theeraadhaaram) also ONLY provides for walkway (nadapatha). I tried to buy part of adjoining land but the owner is not willing to sell any part of his land. I have approached my neighbor numerous times in the last 10 years. - I have requested him to give me access - I have even requested him (in case interested) to buy my land at a lower than market value - I have also offered to buy the extent of access road from him at FOUR times the prevailing market value - I have tried using influence of local elders, gram panchayat and political parties All the above has been futile and waste. His motive is to buy land from me at "throwaway prices" i.e. 1/10th of market value As he is totally uncooperative I have no option but to approach courts for redress My sale agreement does NOT have any mention of any Easement rights...only mentions "right of way"
Even if agreement mentions only right of way you can claim easmentary right to bring trucks to unload material on site for carrying on construction
right of way cannot be restricted only to walkway
If your neighbor is not willing to sell particular portion of his land then leave it. No legal remedies available to you . Right of way is nothing but an easement right only.
You cannot force your neighbor to sell his portion of property if he is unwilling.
As there is a provision in your sale deed providing you easement rights to access your property from road, you cannot claim easement rights through your neighbor's land.
If at all you were really aggrieved by this non-cooperation or hostile attitude of your neighbor you would have approached court of law long back in the period of 10 years that you have been struggling to construct a house on your vacant site.
You cannot drag on the construction of your house for 10 years for this reason.
Legally speaking you may not get any relief from court of law in the name of easement rights becasue your easement rights is already existing, hence any legal step in this regard may not get you a fruitful result.
1. The remedy in your hands is to file a suit for declaration of your easementary right qua the neighbour's land.
2. In your suit, also file an application for temporary injunction to restrain the neighbour from blocking the movement of trucks for construction.
Hello,