Geological path

Querist : Anonymous (Querist) 12 September 2023 This query is : Resolved
Dear Experts,

On 2014 my sister bought a land in our own village. The land had geological path (nilaviyil paathai) to the East. The same was in the town planning records and maps. But in 2020 a person has registered that land in the east including that Geological path. Now no there is no path before my land to leave or enter. He says that there is no path he has bought it fully. Kindly help how to act against this issue.

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kavksatyanarayana (Expert) 12 September 2023
How did that person get that land? From whom he purchased it? Same landlord?

T. Kalaiselvan, Advocate (Expert) 13 September 2023
If you cannot find a pathway for road access from yor land then you can file a suit for easement by necessity to direct the neighboring land owner to allow you to use their land for your ingress and egress purpose.
An easement of necessity is co-extensive with the necessity as it existed when the easement was imposed.
Easement of necessity (without which the land cannot be enjoyed) begins out of an implied grant or permission.
You can file a suit for easement rights and also an application restraining the neighbor from preventing him from you using his land for the purpose till the disposal of the suit

Sudhir Kumar, Advocate (Expert) 14 September 2023
suit for easement rights is the only way.

P. Venu (Expert) 30 September 2023
The new purchaser bound to honour the subsisting easement rights.

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