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My neighbor uses a small back passage on my property to go to their temple. This passage is located behind my house and measures 6 feet in width and 10 feet in length. Around 70 years ago, their ancestor built a gate there. However, when my land was measured by a surveyor in 2001, my father found that the gate was actually located within our property. He then placed a boundary pillar at the end of our land, near that gate. Out of religious sympathy, he gave them oral permission to use the passage only for accessing their temple. But now, in 2025, I have given them written permission on a ₹10 stamp paper stating that they can only use this passage to go to the temple and that no construction is allowed within that area. My question is: By giving this written permission, have I made a mistake? Should I have just kept it as oral permission? If I have made a mistake by giving written permission, what steps should I take next to protect my rights?
You have not made a big mistake, but giving written permission can be risky if not clearly worded. You can revoke it as well. To protect your easement rights, make a proper registered agreement stating that the neighbor can use the passage only for temple access, with no ownership or construction rights, only if you wish. This will prevent future legal problems and misunderstandings. For further legal assistance, contact us on our helpline number.