• Easement termination - conditions

The boundary of our property is marked as a path for the neighbour. This is mentioned in their property document but is not signed by us. In our property document, there's no such mention. Now the neighbour family of two brothers have a road to their home from another side. Unfortunately, as they had created a lot of trouble in the past, we had constructed a narrow path for them to use as a pathway and had walled our property. They are not using our boundary as a path now and the tract of land now has full-grown bushes and some trees. Recently, when we started construction of a house on our property, they have again started creating problems and claim that they need this way as well. Is there any way to terminate the easement rights as they have a different road through which they drive their cars home.
Asked 3 years ago in Property Law
Religion: Hindu

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11 Answers

Easement is only when there is no other way to approach.

 

You are free to construct anything on your own land.

 

They have to go for Injunction suit to stop the construction, in which they will fail because they already have proper access for even cars. 

Ankur Goel
Advocate, Bangalore
454 Answers

You need to seek injunction order from court

Prashant Nayak
Advocate, Mumbai
32986 Answers
212 Consultations

They cannot claim easmentary right of necessity as there is alternative access to their land 

 

let them go to court and obtain court orders 

Ajay Sethi
Advocate, Mumbai
97680 Answers
7906 Consultations

It is not mentioned as pathway in your documents 

 

refuse to give them access to your property 

Ajay Sethi
Advocate, Mumbai
97680 Answers
7906 Consultations

The concept of easement has been defined under Section 4 of The Indian Easements Act, 1882. According to the provisions of Section 4, an easementary right is a right possessed by the owner or occupier of the land on some other land, not his own, the purpose of which is to provide the beneficial enjoyment of the land. It includes the right to do or continue to do something or to prevent or to continue to prevent something in connection with or in respect of some other land, which is not his own, for the enjoyment of his own land.

An easementary right may be permanent or for a period of years or for a limited term. It can    also be subjected to periodical interruption or may be exercisable at a particular place, between certain hours and for a certain or particular purpose. This right can also be granted on a condition that such a right shall become void or voidable on happening of some event or non performing of some act. When necessity terminates the easement of necessity terminates as well. When easement is of such a nature that is not useful or becomes incapable of being beneficial at any time or under any circumstances, then the right of easement ends. When either of heritages gets destroyed, the easement ends as it is essential for two properties to exist for exercising the right.

You should refuse to let them use their way onto your property. File a caveat before the civil court against them .

Ajay N S
Advocate, Ernakulam
4099 Answers
114 Consultations

Show their complete house as pathway for you.

It will work this way ?

Who gave them right to show pathway in their papers ?

 

Until and unless they they have proper access of road with Cars then your property can not be consumed. 

Also take video evidence of  full-grown bushes and some trees to claim that this pathway was not even used. 

Ankur Goel
Advocate, Bangalore
454 Answers

First of all you should ascertain that if there was any easement rights or pathway allotted to them vide documentary evidences, you may confirm this from local land revenue office/Tehsildar office. 

/even otherwise since you had already let out a narrow passage as pathway for their usage, your present decision to occupy that portion of land to annex it to your property for construction may not be liked nby them neither they will allow you to proceed with the proposed construction.

They may even file an injunction suit against you to obtain stay order restraining you from constructing your property. 

Therefrom you first file a caveat petition against them and then file a suit for mandatory injunction to restrain them from interfering in your possession, enjoyment and from constructing your property.

You may have to aver your difficulties and the hardships due to their constant tortures in the suit in order to dispense with their rights for easement rights which they claim without any rights. 

T Kalaiselvan
Advocate, Vellore
87882 Answers
2366 Consultations

If you believe that this pathway was not mentioned in your registered sale document and that they manged to have this pathway, then you can file a suit for declaration of this pathway to declare the title to your name based on the documentary evidences in your support.

Appointing a commissioner through court will confirm that this was the pathway that was existing with your knowledge hence this may weaken your case. 

You can decide based on the prevailing circumstances. 

T Kalaiselvan
Advocate, Vellore
87882 Answers
2366 Consultations

- Since you are the owner of that portion of land through the title document , then the said neighbor having no right to use the same for any purposes without getting your consent . It is considered as the offence of trespassing and a compliant can be filed by you.

- Further as there is already another source of way , then under easement Act even he will not get any relief

- Further you can blocked that path after showing a sign board as Private land of Mr.... 

- If he insist then you can file a compliant , and also file a suit for Injunction to restrained him from using that portion of land . 

Mohammed Shahzad
Advocate, Delhi
14815 Answers
225 Consultations

your neighbour has access from another road to his home

so he cannot claim that the tract of land marked on your plot for their exclusive easementary rights

infact there cannot be any easementary rights claimed by them when there is another access for them

you have to deny that there is any easement right

let the brothers file a suit and prove their case in the Court

they will have to prove that for the beneficial enjoyment of their property, the so called easement on your land is necessary, which they will fail as there is another access using which they can enjoy their property without any problem

infact you can also file a cross suit for a declaration that the tract marked on your document for your neighbour's alleged easement is not binding on you and that the said tract is your exclusive property for your exclusive use and benefit over which your neighbour should not claim any alleged easement right when there is an alternate access

Yusuf Rampurawala
Advocate, Mumbai
7779 Answers
79 Consultations

Dear Sir

A party can claim the right to easement only if they do not have any other alternative route to access their property.

Their case is very weak and you can deny them the path.

Thank you

Anik Miu
Advocate, Bangalore
10439 Answers
121 Consultations

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