Cart track in farm land

Querist : Anonymous (Querist) 25 June 2023 This query is : Resolved
There is a cart track in my farm land. Farmers who use the cart track going by tractors and two wheelers, which is effecting my crop. Can I challenge in court that they can't use vehicles in cart track during crop season? What vehicles are allowed in cart track?

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Sudhir Kumar, Advocate (Expert) 25 June 2023
One needs to inspect the property to form a view.

kavksatyanarayana (Expert) 25 June 2023
If it is an ancestral land and I think ever since it is common to use it as a path.

T. Kalaiselvan, Advocate (Expert) 26 June 2023
If the cart track is an easement right to the neighbors then you cannot object to their usage of this pathway.
This is an easement by necessity.
The neighbors using this pathway are also farmers and they will understand the difficulties of fellow farmers hence they cannot destroy your crops nor your land which is ion the way.
What is the evidence you have to prove that it is just a cart track only and it is prohibited for any other mode of conveyance.
You may have to approach court with a suit for permanent injunction against them with the documentary evidences to prove your case, hence you may discuss with your local advocate and proceed if suggest ed to go ahead.

Dr. J C Vashista (Expert) 26 June 2023
Whether the cart track forms part of your personal property ?
Since when the track is being used by neighbours ?
Did you ever object earlier ?

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