Disputed passage
Dipa
(Querist) 16 May 2014
This query is : Resolved
Dear Experts, This is regarding one passage which has a municipal holding no and for that we are paying municipal Tax. Now we have 2 neighbors with two different holding numbers. People of these two holding numbers are using this passage to enter there house since last 100 years. They don't have any other way to enter to their house from the municipal road. They have underground water & Electric connection into there house through this passage. Now one of these house created one additional door and started using that door to take entry in the house through this passage. They have created the door in there own land but facing to our passage, can we ask them to shutdown this door permanently and use the old one ? Regards Dipa
Dr J C Vashista
(Expert) 17 May 2014
It is illegal, persuade them by putting social pressure or issue notice to them with municipality and file a suit for restoring easement right through your local lawyer
Guest
(Expert) 17 May 2014
Do you have any specific ground to put restriction on your neighbours?
Sankaranarayanan
(Expert) 17 May 2014
If really disturb your access then complaint to municipal as suggested. By Dr vashista ji.
malipeddi jaggarao
(Expert) 17 May 2014
First of all it has to be seen whether the new door is causing any inconvenience affecting the common easement rights. Second is whether such door is within the approved plan of construction. If it does not affect, why do you show the concern? If it affects, as rightly advised by Dr.Vashista, bring pressure on him that he is violating the established arrangement and such violation is affected the easement rights of the neighbours which may force you people to resort legal remedy.
Rajendra K Goyal
(Expert) 17 May 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Passage-issue-472676.asp
T. Kalaiselvan, Advocate
(Expert) 17 May 2014
Though query seems to be repeated, advise of experts especially that of Mr. Malipedy Jaggarao seems to be more appropriate. I agree with his views that until there appears a gross violation, if there is any personal injury by the neighbor's act, the cordiality can be maintained by not getting into fights over petty issues.
Dipa
(Querist) 18 May 2014
Actually they have created one garage by the side of there main door causing no issue to us, but can we ask them not to use the garage ?
T. Kalaiselvan, Advocate
(Expert) 18 May 2014
so long it is not a hindrance to you or not affecting your routine life, I do not think that there is a need to waste your time and energy on such petty and useless issues, think.
Dipa
(Querist) 18 May 2014
Thanks to Mr.Kalaisevan , but if we go for legal proceeding can we win the case ?
Dipa
(Querist) 18 May 2014
Dear all,
Can I go for legal proceeding can we win the case ?
Can we build a boundary wall by the side of the garage so that they can't use the passage?
Regards,
