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Plot NO 119,FLAT NO. 8 Bapuji (Quality Assurance Engineer Department of Defence Production)     19 September 2024

Amma land dkt dt 19 Sep

Respected Sir/Madam,
I am submitting this query with grief as below:

Can I get easement from my portion of ancestral agricultural land through my cousin brother( chacha ji ka beta)and own brothers portion of ancestral agricultural land. These ancestral agricultural land is inherited to all of us from our grandfather Late Shri Guttikonda Tirapaiah s/o Late Guttikonda Pullaiah garu

we have been using the path for the last 50 years to the demise of our elders / ancestors.

But all of sudden ,due to jealousy and greedy money, my own blood relatives have become enemies.

I want to compromise if they allow me to permit to pass on the way and give easement.

Please advise me accordingly


Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     19 September 2024

An easement by necessity is a legal right that gives someone access to another property to use their own property. It's often created when a piece of land is split and one of the resulting parcels is landlocked, meaning it has no access to a road. For example, if a landowner sells part of their land and the remaining parcel is landlocked, the original owner may need to cross their neighbor's land to reach the closest road.

To establish an easement by necessity, the following conditions must be met:

The dominant and servient estates were previously owned by the same person or entity

The easement is necessary for the use of the dominant estate

The dominant estate became landlocked after the land was partitioned

There is no other way to enter or exit the dominant estate except by crossing the servient estate.

Pradeepkumar   20 September 2024

In this case, what is the maximum breadth of pathway in feet can be obtained 


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