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Harikrishna Reddy   02 May 2018

Right of way

Dear sir,

 

We have agriculture land of 2 acres in my own village. It is surronded by 3 neighbours and we don't have way to cultivate that land except if any of 3 neighbours allow. Now,none of 3 are allowing to our land and intead they are encroching without giving acces to it. Can you please tell me the rights we have in this regard.



Learning

 4 Replies

R.Ramachandran (Advocate)     02 May 2018

You certainly will have easementry rights.

You have to get in touch with a local lawyer, discuss the matter, explain to him how earlier you were able to enter your land, but now from which period you are not able to do so, why, who is obstructing, what they are telling etc.

You have to take immediate remedial action / legal steps that may be suggested to you by the lawyer.

Vivek Nair   02 May 2018

Mr. Harikrishna,

Had you ever used a road to access the property in historically? From whose property did that road go to and why did you stop using that road ? 

Your immediate steps should be to get hold of a local lawyer ask him to apply for an Injunction to secure the easement and stop encroachment under Specific Relief Act and Easement Act. The court will definitely reinstate the easement until the matter is decided. But hope you have not delayed the matter more than 12 years.

 

Disclaimer: This reply is only for information purpose and does not constitute a legal advice. Iam not qualified to give legal advice.

Kumar Doab (FIN)     02 May 2018

Approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/civil  matters and having successful track record ….. and well versed with LOCAL rules/precedence’s/laws…and worth his/her salt …and discuss in person………….for a considered opinion after examining all docs and inputs!

Your counsel can help you on both counts as posted by you; easement and encroachment..

Harikrishna Reddy   03 May 2018

Thank you sir for your reply.

We are using that road till last month, but suddenly now they stoping us to go there so that they can buy the land with minimal rate.

Road belongs to neighbours and they only stopping us to go.


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