Easement right for the BSNL tower
Hello
In our neighbourhood we have around 20 house, we had unrestricted 10 feet pathway, until a person bought a corner property and claiming and that the road at corner belongs to him, took the road into his boundary.He left 3 feet road for us at the corner (which he still claims to be his). Though he is allowing us to pass in the remaining 3 feet, but he is obstructing the BSNL tower people to bring any material through it. The BSNL tower is on my roof. The person is local goon with political connection so police does nothing. I have 3 question:
1. Can we verify whether the person is really the owner of road.
2. if a person is buying property which was already being used as a road, can we make his registry invalid.
3. Can easement rights be claimed for the BSNL tower personnel coming to my property., ( we have 25 year agreement).
Asked 8 years ago in Property Law
Religion: Hindu
Thank you very much for answering my question, i did not expect such an elaborate response, kudos to kaanoon.com for this great service. coming to the follow up question.
I did the land search and found the master plan (mother deed) of our area, the master plan clearly shows a road of about 15 feet wide. So the place where we use only 3 feet, is actually 15 feet in the master-plan. I hope this makes a clear case of land encroachment. But on examining the said master plan it looks that large part of road is inside a factory boundary, and rest is claimed by the said person previously mentioned.
The current status is that we are using a 3 feet of narrow corner which lies outside factory premise and also outside the said person boundary, this remaining 3 feet is also claimed by the said person and he obstructs B.S.N.L people to pass through it. The help i want is both short term and long term.
Short term: Make some arrangement through law so that he cannot stop BSNL personnel passing through it and take materials for maintenance of the tower. The tower is shutdown short of maintenance.
Long term: To get our part of 15 feet road which is clearly mentioned in the master plan.
P.S. i do want to meet Mr. krishna Kishore Ganguly or Mr. Devajyoti Barman personally in Kolkata if you are available, i cannot find your contact number, please guide me how to meet you and if possible hand over this case to you.
Asked 8 years ago