Easment rights
satya prakash
(Querist) 09 December 2012
This query is : Resolved
Dear Sir
i possess a residential house in a colony where there is no approved planning, however many houses are constructed and easement rights are decided as per the consent of property owners, Suppose a situation comes where right to way is objected by neighbour who intends to construct a house obstructing my right to way, what is the remedy available to me, the property falls under munucipal limits and i am paying property tax annually. plz Suggest.
prabhakar singh
(Expert) 09 December 2012
A law suit of injunction in civil court provided the easement claimed is a necessity with no alternate or it has gone perfected by its' use since last 22 years on the date of suit(called easement by prescription) or it has been shown as a way in records' of the Municipality concerned as a pathway.
Raj Kumar Makkad
(Expert) 09 December 2012
You have not provided the relevant facts viz, the period from which the alleged street is being used so that the exact reply may be given to you. If you meet out the conditions as mentioned in Easement Act, you are duly entitled to file a civil suit and seek injunction thereto against the neighbour.
