partition

Querist : Anonymous (Querist) 12 May 2010 This query is : Resolved
sir
recently the property was partitioned between two parties from east to west southern side party got the existing passage which common to both the parties before partition.the point is whether northern side party get any easement right after the passing of 20 years.to prevent northern side party ,not to enter the passage cannot be possible as it is exiting one and also it is not possible to divide it phycally as the tenants were doing business in the complex .the roof is common to both parties -advice me to take precautionary steps.

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adv. rajeev ( rajoo ) (Expert) 12 May 2010
The passage was in use before the partition so northern side party has got right of way by prescription. The recent partition cannot prevent him to use the passage

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