• Private road issue

Me and my family along with 3 other families are using a private road which is in the ownership of another person.The condition of the private road is not good as it has not been tarred. We talked to the owner of the road to give it to municipality as they would do it free of cost but he will not allow.
Is there any way that this problem can be solved by going to court.
My family has been using this road for more than 20 years.
Asked 3 years ago in Property Law
Religion: Christian

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7 Answers

If it's a private road you can force him to surrender it to municipal authority. It's his discretion. Only way is to settle the same with mutual agreement. If not resolved then you can go to court under easement laws

Prashant Nayak
Advocate, Mumbai
33136 Answers
215 Consultations

If that pathway is the only access to your property, you can go to court claiming your easement rights against the third party. If you have some other access, you cannot.

Swaminathan Neelakantan
Advocate, Coimbatore
2976 Answers
20 Consultations

You and other users of road should join hands and carry out repairs to the private road with consent of landlord 


Ulu cannot force the owner to hand it to muncipal corporation 

Ajay Sethi
Advocate, Mumbai
97884 Answers
7939 Consultations

There is justification in your demand to the property owner to handover this property being used by you and others as common passage, to the Municipality. 

If you are using the private road for your ingress and egress purpose, you can ask the fellow users to contribute to make the road habitable or motor-able or in an usable condition.

You have not mentioned that the land owner has denied your access or usage of this private property for your ingress and egress purpose.

In fact you cannot even ask the land owner to road in good and usable condition since it is his own property. 

Any case that you may propose to  institute in this regard may not be tenable or maintainable. 

T Kalaiselvan
Advocate, Vellore
88086 Answers
2379 Consultations

- Firstly you can lodge your complaint with the commissioner of Municipal Corporation of your area for arranging a road . 

- if no response, then file a suit against your neighbors under The Indian Easement act ,  for claiming path to your house from their property.

.- under section 35 of the Indian Easement Act , you can obtain permanent injunction restraining your neighbors from obstructing your right to access till main road.

- Further, if you are using the said road for long period. then you can get order from the court on the ground of adverse possession as well. 

- However, as the said road is a portion of the neighbors property , then legally you cannot force him , hence settle the dispute amicably. 

Mohammed Shahzad
Advocate, Delhi
14909 Answers
226 Consultations

Hi 

Since you and other 3 families are using the private road for more than 20 years, technically, you have the right of access to the said road by virtue of continous easement as defined in section 5 of Indian Easement act. 

So, you should move the civil court having pecuniary and territorial jurisdication to establish existence of Easementary rights and thereafter implead Municipality so as to acquire the private road property for public usage. 

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

Dear client, 

There is not much you can do since the road is privately owned. You cannot coerce them into getting the road fixed if they don't want to. Since there is no agreement, you cannot legally do anything either.

Thank you.

Anik Miu
Advocate, Bangalore
10503 Answers
121 Consultations

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