Common passage issue

Dear Sir,

If the passage is used openly for many years

Even if documents do not mention it, if you have been using that passage for 20+ years, you get an Easement by Prescription (Section 15, Easements Act).

This means your neighbour cannot block or reduce access.

Dear Client,
Under the provisions of the Easement Act, 1882 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 a decision by way of decree for access through the land or path. The easementary right by necessity could be acquired under Section 13 of the Act, which provides that such easementary right would arise if it is necessary for enjoying the dominant heritage. If any easement right is acquired and subsequently obstructed, the person who acquired such right must file a suit within 2 years claiming such a right. 20 years in the case of private property and 60 years where such property is government property. In the given scenario, you can file a suit against the concerned people for disturbance of easement rights under Section 33 of the Indian Easements Act, 1882 before a Civil Court having jurisdiction over the suit property. Further, as per the topographical land survey, layout marking and demarcation are done inclusive of roads, plots, commercial spaces and extra spaces for public use etc. The demarcation is almost purely a technical operation, carried out jointly by the surveyors, acting as boundary engineers, of both parties. Post-survey of the land, a unique survey number is given for plots based on the topographical location of the land. Property demarcation means physically dividing the property into metes and bounds (i.e. area and boundaries of each property will be made), the rules and procedure of which may vary from state to state. Only the recorded owners of the property can apply for demarcation to the Tehsildar/Block Land Revenue Officer(BLRO) or it can be done on orders from a Court. If needed, seek legal advice from an Advocate specializing in property law to navigate the matter effectively. However, it is always recommended to resolve the issue mutually and amicably for peaceful co-existence in society; otherwise, litigation may drag the matter for years, damaging the cordial relationship between the neighbours. So consider legal action if all the efforts to resolve the issue mutually failed.