Mahesh kumar Orchu (student) 09 July 2023

Easement act

Greeting for the day,

kindly guide me in this case.

me and neighbour get in to an oral agreement about passageway(esasement) in agriculture land. i'm on top he is in down. he have to enter through my land. in recent times we got knowlede through google earth app that, he extended agriculture land boundary by passage way and occupies around 8 guntas in my land, it has been done this since last 3 years.

kindly guide me to get this relief.
1. contorlling him by enter in my land.
2. how to get back my 8 guntas of my land.

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5 Replies

T. Kalaiselvan, Advocate (Advocate) 10 July 2023

If he was permitted to use your land for pathway towards ingress and egress, he cannot use your land for any other purpose.

In that situation you can file a suit for mandatory injunction restricting him from utilising your land for any other purpose other than pathway.

Dr. J C Vashista (Advocate ) 10 July 2023

Did you make boundries (limitation) in the agreement, if so, just settle the matter amicably before exploring legal remedy of encroachment. ?

Prima facie it is a hypothetical moot court topic which should be placed before your professor / tutor /coach.

Real Soul.... (LEGAL) 10 July 2023

To use your land for access to his land is under easementary rights and since you have agreed too means you cannot stop him from using the road. But if he has exceeded the limits then simply you need to get the way demarcated by submitting application to Tehsildar for on spot verification and demarcation. You must not agree to any changes on Patwari map, just verbally should allow him to use the path till his access to land

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 10 July 2023

apply for mandatory injunction order in the local courts.A mandatory injunction is issued when a court directs a person to perform certain acts, as opposed to prohibitory injunction, which seeks to preserve the status quo. The defendant named in a mandatory injunction must undo the wrong or injury that one has caused.