Murugesan Balasubramanian 26 December 2024

Need legal advice for a path related problem

Hi,

We own a patta land of 7 acres and we have been using a path (vandi pathai / itteri) to access the property. The path was also being used by so many other people to access their patta land.

All of sudden one of the people installed a fence on the path stating the path belongs to them. As per the documents, there is no path and it seems the path we have been using is not on any map but in the patta land.

We have owned the land for generations and we were not aware of it. We have been using the path for decades. Now, myself and other landowners have no way of accessing our property.

The person who installed the fence is not ready for compromise. Is there any legal way to solve this problem?

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5 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 26 December 2024

Does any of the landowners or yourself have proof of the pathway i.e. adangal or 7/12 copy? First, consult with Revenue authorities regarding the patta land and proceed accordingly.

Sathish Karampuri 27 December 2024

Can go with Easment proceeding against the land owner who install fencing if you have not any another pathway

T. Kalaiselvan, Advocate (Advocate) 27 December 2024

You can file a suit foir easement rights.

An easement by necessity is a legal right that allows a property owner to access their land when there is no other reasonable way to do so. This can happen when a parcel of land is split and one of the resulting parcels no longer has access to a road.

To prove an easement by necessity, the person arguing for it must show:

Unity of title: The original owner once owned both pieces of property

Severed title: There is evidence that the title was split and separate tracts were created

Necessity: It is necessary to cross the property to access the other property.

Easement of ncessity:

This consists of the circumstances where the owner or occupier cannot use his property without exercising the right of easement over the servient heritage. Thus, absolute necessity is the test and the convenience.

Dr. J C Vashista (Advocate ) 27 December 2024

Claim your easement rights along with other affected land owners by filing a suit for declaration, permanent (perpetual) and mandatory injunction against such land owner.

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She Commie 28 December 2024

This is a very interesting issue.

I want to know from all the lawyers, whether an easement right can be demanded. What exactly can be demanded? Can only a path of minimum widdth sufficient for one person to walk be demanded or whether we can demand 30 feet road or 40 feet road?

Secondly, can it be demanded free of cost or will the Court direct payment of money or any other compensation? How will the amount to be paid be decided?

Can you also please tell the name of the relevant law and the relevant section in the law?

Kakoli B.