Illegal Parking
5 years ago
Hello,
I sold my ground floor premises to a person. I was away from my property for several years. Now I am back and living on my first floor is the same premises. The owner of the ground floor is blocking my only way to my flat by parking their motor cycles in my passage. They claim that parking vehicle is their easement right.
I wonder how come parking comes under easement right in India!
Kindly advise, what legal steps should I follow to stop them from parking blocking my entrance and exit passage.
Thanks.
uttam
Responded 5 years ago
You need to send a legal notice to you tenant ....
Still if he does the same you need to file a case at SDO Court U/s 145 Cr.PC
It is a common passage and nobody can prevent you from entering into the house. If there is no specific clause in favour of the purchaser he cannot block your way since there is no any other alternative. You may raise the issue with local police for time being and get permanent relief for filing a suit against him in a Civil Court.
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Sayaree Ganguly
Responded 5 years ago
The right to parking by blocking the passage of the other cannot be included under easementary rights. You can send a legal notice to them asking them to stop doing so. if they dont comply to such notice, you can file a suit for injunction.
Thanks.
Shreyash Mohta
Responded 5 years ago
1. Get evidence that they park their motorcycles by clicking pictures etc which show that it is their motorcycle. [This will act as evidence if in case you have to file a case against them]
2. Go to the local P.S. and complain about the same.
3. Send them a legal notice directing them to remove the motorcycles which is blocking your entry and exit passage and direct them to comply within a stipulated time period.
4. If they fail to complay, THEN, you can file a suit in the civil court.
Thanks
Shreyash Mohta
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