You need to get stay from court and provide survey report for last 30 years regarding that it was not public road for use which village people are saying etc.
Access to house
I have a house built in 2009 . 7/12 extract is in my name and my brother. House is bit inside and passes through open land .while constructing house we were asked to leave 12 feet from onside and 10 feet from other side of my house which we did . Now villagers are asking us to break my hoise compound claiming that there was a road earlier and for developement of other peicies of land we have to break compund , borewell , and electricity pole inmy house also they threthen that we will not be allowed to access road from main road to my house as it's a private land . Please advice , if we can get access to my house from main road and how can we stop the breakage of compund and borewell I have done survey from goverment , I can post it if needed for you to verify it
Asked 4 years ago in Property Law
Religion: Christian
10 Answers
No need to break compound wall
2) you can easmentary right of necessity if there is no other access to your land
3)
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.
4). under section 35 of easement act you can obtain permanent injunction restraining your neighbour from obstructing your right of passage . pending hearing and final disposal of suit you can claim interim reliefs .
1. Refuse to break the compound. Let the villagers go to court and file a suit for injunction to seek the demolition of compound, and you can fittingly contest the suit.
2. File a suit for permanent injunction against villagers to restrain them from blocking your access to main road.
- The villagers have no right whatsoever to destroy any part of your property.
- Your access to road is easmentary right and the villagers cannot deny this right or block you in any manner.
- As your easmentary rights are being interferred with, you must sue the villagers and obtain the decree for your easmentary rights and compensation for being denied till now.
- I'm willing to handle the stated litigation. However, I need an exhaustive consultation session with you first, to be of assistance to you. You need to visit me for exhaustive consultation. I'm based in Mumbai /NaviMumbai and hence, it shouldn't be much difficult for you to visit me.
- ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four)
1. IF the House Plans and Construction etc.... are as per Civic sanctioned & approved Plans and IF the plot of land stands in your name, THEN there is no reason for anybody to object or raise illegal demands.
2. In case of disputes, you would need to get permanent "restraining orders" from the local Civil Court, against the person/s who are illegally threatening, intimidating and raising illegal demands.
Keep Smiling .... Hemant Agarwal
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1. You can claim your access to your land using the land of your neighbour as per your 'Easementary Right' based on Indian Easement Act, 1882.
2. However, since there is a group of villagers joined against you, it will be prudent on your part to settle the matter amicably as your cost for conducting legal proceedings might surpass the cost of your compound wall, bore well etc.
3. Make a cos benefit analysis carefully before taking up the matter legally.
- Since you are the legal owner of the said property where you have constructed the boundary wall , none having right to pass through /tresspass /or to use that area without your consent.
- Further, the villager cannot obstruct your path to reach your house due to said reasons.
- You can file a suit for Permanent Injunction before the court to restrained them from disturbing your peaceful possession and to damage the property..
- Further , if they cut your facility to reach the main road , then can approach the court under the Easement Act for getting direction in your favour.
If this house was built on the proeprty belonging to you by a registered title deed, then you can challenge them and refuse to give them the land they demand for other amenities.
Please be aware that the 7/12 records are not the title documents.
Did you obtain the plan approval for constructing the house property on the vacant land?
You may first ascertain the details and title to yor property and initiate legal action as per law b y first issuing a legal notice to the people objecting to your possession and enjoyment of the property.
This is a very weird and complicated situation. How can they threaten you when you had built the house taking care of the law. File an injunction application.
Pls send the details.
yes you can access the same from main door
