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
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.
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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
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.
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
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.
- 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.
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.