Question on right to way
gangesh
(Querist) 07 March 2018
This query is : Resolved
Hi, I have a house in my village which can be accessed through the land of one of my neighbor.This way is broader and I can go with my car /other vehicles however my neighbour often stops the way asking to not use his land for car/vehicles and he only permits me to access this way by foot path only. My house is 35 year old and I have been using this way only till date to reach my house. There is another way also through which I can reach my house but that road is too narrow that I can not reach by car/rickshaw etc and only pedestrian can walk on that. So I wanted to know that can I claim easement right through my neighbor land as it is more comfortable way because I can use four wheeler,tractor and other vehicles for reaching my house . Please suggest if there is any case law for this type of case. many thanks in advance
gangesh
(Querist) 08 March 2018
Please suggest
Dr J C Vashista
(Expert) 11 March 2018
Before initiating a case for easement through a local prudent lawyer you are required to find out (confirm ownership of the land) whether the land of passage belong to your neighbour or common area or government/village land.
gangesh
(Querist) 11 March 2018
This is a common area i.e village land sir
Hemant Agarwal
(Expert) 21 March 2018
1. In your original query, you say "land of one of my neighbour"
2. Now you say that the "Land is common area i.e. village land"
3. ANYWAYS, easement right can be claimed ONLY if there is no other way to reach your property, else no.
Keep Smiling .... Hemant Agarwal
