Way dispute
jains
(Querist) 28 November 2017
This query is : Resolved
We have a way to our wet land through a property which is not a wet land from a public road. It is an old way having 8 feet. In my deed and some others who owns wet land there is a description of 8 feet wide way. But in the deed of the present owner as well as the deed of his predessessor of the property through which the way exists, the width is 4 feet. What type of suit should I file and what is my right over the way and what are the relieves should I pray. ? The way is the only way, old one, uses by all of the wet land owners.
Ms.Usha Kapoor
(Expert) 28 November 2017
YOUR RIGHT OF WAY FORMS PART OF law OF EASEMENT. Since MAJORITY OF YOU ARE IN FAVOR OF 8 km WAY for reaching YOUR LAND YOU FILE A CIVIL SUIT OF DECLARATION OF YOUR RIGHT TO WAY AND DIRECTIONS TO YOUR NEIGHBOR FARMER WHO HAS ONLY 4 KMS width which passes through their land FROM INTERFERING WITH YOUR ORIGINAL WAY.ON THE PLAINT COPY YOU GET ALL THE SIGNATURES OF PERSONS WHO SUPPORT YOUR Stand.
Ms.Usha Kapoor
(Expert) 28 November 2017
If you appreciate my above answer please give me likes.
P. Venu
(Expert) 28 November 2017
What is the real dispute and the issue involved? How has the pathway been used?
Guest
(Expert) 28 November 2017
Vague description of query and the most vague solution provided by Ms. Usha Kapoor!
Would you prefer to file any suit in the court of law, you should expect to get nothing except wasting your money and time by toiling in the courts of law from lower to the highest court of the country.
Anyway, best of luck to you, when you get such type of advisers, who can read 8 feet as 8 KM and 4 feet as 4 KM of way, as she stated in her reply, "Since MAJORITY OF YOU ARE IN FAVOR OF 8 km WAY for reaching YOUR LAND YOU FILE A CIVIL SUIT OF DECLARATION OF YOUR RIGHT TO WAY AND DIRECTIONS TO YOUR NEIGHBOR FARMER WHO HAS ONLY 4 KMS width which passes through their land FROM INTERFERING WITH YOUR ORIGINAL WAY."
She has not even used her commonsense that no passage way is 4 kilometer wide in any part of the world, what to say of 8 Kilometer.wide.
I again wish you the best of luck for you as well as for her!
Guest
(Expert) 28 November 2017
Hi, Jains,
I have to agree with the observation of Mr. Jigyasu. Nothing about your stated dispute can be construed from the absolutely vague description of the query in the absence of the description of the existing physical way, in addition to and comparison with the description in the documents, and the person with whom you really have some dispute.
Apparently, a dispute cannot be assumed to be within yourself or with your documents only. So, better make the things clear, if there is any substance in your query and you really want some solution.
Ms.Usha Kapoor
(Expert) 28 November 2017
Sorry in the above answer substitute K Ms with feet . It is not 8 kms but 8 feet and not 4 kms but 4 feet.
P. Venu
(Expert) 28 November 2017
Ms. Usha Kapoor:
It is human to err, but not so to seek appreciation and likes.
Guest
(Expert) 29 November 2017
I agree with the views of Shri P. Venu.
Appreciations and likes are relevant only when someone gives by heart, when he really finds anything appreciable or useful, not on asking to anyone and everyone.
Dr J C Vashista
(Expert) 29 November 2017
I fully agree and appreciate the analyses, opinion and advise of expert Mr. P Venu, Mr. Jugyasu and Mr. PS Dhingra.
Dr J C Vashista
(Expert) 29 November 2017
The author should submit his "dislike" for impersonating expert, hard bent to accumulate "dislikes" who have either "NO" or "LITTLE' LEGAL knowledge, if he feels "some" gratefulness.
Guest
(Expert) 29 November 2017
@ Dr. J.C.Vashista,
Thank you sir for your agreement with my and appreciation also.
