Use of common pathway which has been extended
Rock
(Querist) 01 July 2023
This query is : Resolved
My father brought a land 13 years ago. When the land was purchased, the owner gave us a pathway from main road to our land which was 20 feet (touching south-west corner). At the time of our purchase, he did not sell any other part of his property. The 20 feet pathway was the only accessible to us and that pathway stops at the begining of our land and does not goes further. After few years, he divided his land which was behind our land and sold them to other parties. Furthermore he has extended that 20 feet pathway till the end of his land, so that the other parties can use that pathway. Now the problem is my land at the south is 25 meters length. The pathway that is given to us is only 6 meters south-west. From the 7th meter till 25th meter he has built a wall so that i don't build a gate or use that path. We requested him to remove the wall, since outside our land is the common path which he has extended for the parties behind. However he refuses. Please advise. Is it legal for me to ask him to remove that wall which he has built in the common path, though in document its not mentioned?
T. Kalaiselvan, Advocate
(Expert) 03 July 2023
If your access through common pathway is blocked or obstructed, then you can file a suit for mandatory injunction to remove the obstruction and to provide you the rights for the existing easement by necessity.
P. Venu
(Expert) 16 July 2023
"the owner gave us a pathway from main road to our land which was 20 feet (touching south-west corner)" - Is it the length of the pathway?
"Furthermore he has extended that 20 feet pathway till the end of his land, so that the other parties can use that pathway" - Is the extended pathway passing through your land?
"Now the problem is my land at the south is 25 meters length. The pathway that is given to us is only 6 meters south-west. From the 7th meter till 25th meter he has built a wall so that i don't build a gate or use that path. We requested him to remove the wall, since outside our land is the common path which he has extended for the parties behind" - In spite of my best efforts I am unable to understand. Please this aspect comprehensible.
Rock
(Querist) 16 July 2023
How do i send the image here?
Rock
(Querist) 16 July 2023
Sir, i have attached the land view in this link -
https://www.lawyersclubindia.com/forum/access-to-common-path-from-my-land-230169.asp
T. Kalaiselvan, Advocate
(Expert) 08 August 2023
Instead of trying to get opinions by this way, you may better approach a local advocate and get an opinion in person to move on.
