Path to reach home
1 week ago
Actually we have 2 property but both are not connected land It like main roadConnected to 1 st neighbour then Our land then second neighbour then my home .it is seperated but adjacent to my neighbourS over 50 yr there is no issue about the path We never block any one way path to go home even there guiest stay at our land but suddenly they demand to construction of road we aggre to but we simply suggested him to 1:1 ratio but my front neighbour not agree To do so Becoz he occupied some of our land share and we remaped it . in that reaction my front neighbour block the front path and second neigbbour also block the Road to go home but we ready to give equal amt of land to constuction of road . then kindly suggest me how to deal with that issue ? Is there any law to open atleast to go my land and home without issue .
Given the situation, you have to file a suit for disturbance of easement right under Sec.33 of the Indian Easements Act, 1882 against the neighbor before a Civil Court having jurisdiction over the suit property. An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own. If any easement right is acquired and subsequently obstructed, the person who acquired such right must file a suit within 2 years claiming such a right. 20 years in the case of private property. 60 years where such property is a government property. The easementary right by necessity could be acquired in accordance with Section 13 of the Act which provides that such easementary right would arise if it is necessary for enjoying the dominant heritage. Reach out to an Advocate experienced in civil matters for guidance and steps.
You have to file a suit for easementary rights and thus get some order in your favor to reach your home.
you can send a legal notice to the party for criminal trespass of the land and you can also file a police complaint criminal intimidation Or file a civil case against him and get an order of interim injunction from entering your property.