More than 60 years we are using a pathway which is belong to my neighbor, this is the only way to our land. On 1986 UDR survey the pathway is subdivided as pathway.but now the land owner object us to use the pathway. What can I do.
Asked 2 years ago in Property Law from Tiruppur, Tamil Nadu
Religion: Hindu
1) Section 13 of the Indian Easements Act deals with easement of necessity An easement of necessity means an easement without which the property cannot be used at all. Mere convenience is not the test of an easement of necessity. It can be claimed only when there is absolute necessity for it, i.e. when the property cannot be used at all without the easement and not merely where it is necessary for its reasonable, or more convenient enjoyment. A man cannot acquire a right of way as an easement of necessity, if he has any other means of access to his land however more inconvenient it may be than be passing over his neighbours 2) under section 35 of easement act you can obtain permanent injunction restraining your neighbour from obstructing your right of passage . pending hearing and final disposal of suit you can claim interim reliefs .
You have absolute right for using the pathway if it is used more than 20 + 2 years uninterruptedly and as of right . So you may approach civil court and seek injunction against the person who object the usage under the ground easement by necessity .So all the other person who used this path way can also join with you.
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