Need road for our 10 cents

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Need road for our 10 cents

Actually my father bought a 10 cent of land from his big father in 1986. In that document it has mentioned from railway track we have 15 feet road to reach our site. Bu we cannot go on railway track to reach the road. So we were using other land nearby which was divided into plots and saled. He told he will provide the way for our home but he didn't gave any written proof for that. Now next to our house he sold as Total 37 cents . We were using the land for our way for past 20 years but now the owner who bought the land is trying blocking the way. We don't have any legal records saying it is the way to our 10 cent land. But we don't have any other way to reach our 10 cent from road. Is there any right we can claim to get way for our 10 cent.

3 months ago

Reply

Dear Client,
Section 4 of the Indian Easement Act, 1882 defines an easement as a right that the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other lands not his own. The expression "land" also includes things permanently attached to the earth; the expression "beneficial enjoyment also includes possible convenience, remote advantage, and even a mere amenity; and the expression "to do something" includes removal and appropriation by the dominant owner, for the beneficial enjoyment of the dominant heritage, of any part of the soil of the servient heritage or anything growing or subsisting thereon. Under the provisions of the Easement Act, affected adjoining landowners who do not have a way of access to their plots of land can approach the Civil Court and prove their claim before the Court and get the decision by way of decree for access through the land or path. The person claiming an easementary right of way has the remedy to sue for an injunction - to restrain obstruction of the way or for getting damages. Whether any particular interruption amounts to an unlawful interference or not depends upon the nature of the right of way and of the place, and also on the circumstances of the case.