What legal remedy exists if only access road is blocked?
My house is located in a rural village area, and for the past 11 years, the only access to my property from the main road has been a 6–7-foot-wide path passing through private land. This path is used by my family for vehicle access and also by the landowners to reach their agricultural fields. The owners are now trying to block the road and are demanding more than ₹10 lakhs, which is almost half the value of my property, to allow continued access. I offered ₹60,000 for a formal usage agreement, but they refused and are obstructing my only access. As my property is landlocked and the path has been used openly for over a decade, what legal steps can I take?
Dear client, as per your query, as your property has no direct access and you have also been continuously using the 6–7 foot pathway for more than 11 years, you may assert a lawful right of the passage under the Indian Easements Act, 1882, particularly through an easement of necessity and an easement acquired by prescription. To protect this right, you should first, promptly approach the civil court by filing a suit seeking for a permanent injunction along with an application for interim relief, requesting an immediate order restraining the neighboring owners from obstructing the pathway. In case of further queries, please do not hesitate to contact us. Thank you.
Since your land is landlocked and you have been using the path openly for over 11 years, you can claim a right of easement by necessity and prescription under the Indian Easements Act, 1882. File a civil suit for permanent injunction and right of way. You can also seek an immediate temporary injunction to stop obstruction. For further legal assistance contact us on our helpline number.
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