Nagesh (Software Engineer) 25 March 2015

Encroachment of road by neighbour

the government property measuring 40EW x 60 NS was allotted to owner from Sanitary board in 1985.

the land owner then sold this property to two people(owner1 & owner2).

owner1 got property with dimension (40 EW x 25 NS) same mentioned in sale deed registered in 1987.

Owner2 got property with dimension (40 EW x 25 NS). the rest 10 feet NS is left to road and used as road by owner2.

But in sale deed of owner2 he got registered as (45 EW x 25 NS) in 1992. He over occupied 5 feet out of 10 feet road present in East side.

Now owner1 is left with only 5 feet road for his house on east side.

Since it was a dead end owner1 has utilised east side 10 feet road for storage area.

Now owner2 who had occupied 5 feet below, and now is going for complete 10 feet road utilisation in the first floor.

I being owner1 can i file case on owner2 to release 10 feet road occupied by him. Since it was dead end i have utilised the road which i am ready to release and demolish my storage construction.

Now to file a case i have kata extract of original property (40x60) from sanitary board and plan approval for original property(40x60) in which it has clear demarcation of roads. apart from this i dont have any other mother deed or allotment letter from sanitary borad.

Can you please suggest whether i can file a case against owner2 now. Since the registrations happened 22 yrs back will the case still hold good?

if i can file a case what are the necessary documents needed.please suggest

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Subash M R (Advocate) 25 March 2015

The land for the beneficial enjoyment of which the right exists is called the dominant heritage, and the land on which the liability is imposed is called the servient heritage.So,right of way is an easement,a continuous easement,it may be continued without the act of man.Therefore,you initiate legal proceedings,if there is no other alternative,against your neighbor for retaining easement right of way with available documents such as sale deed registered in the year 1987 and kata extract of original property (40x60) from sanitary board and plan approval for original property(40x60) in which it has clear demarcation of roads. apart from this prepare a sketch and take photograph of the disputed site area,etc.

Thanking you,