Common passage rights

Dear Client,
Under the provisions of the Easement Act, 1882 affected adjoining landowners who do not have a way of access to their plots or 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. In the given scenario, you can file a civil suit against the concerned people under Section 33 of the Indian Easements Act, 1882 before a Civil Court having jurisdiction over the suit property seeking appropriate relief to enforce your easement rights. 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) and only the recorded owners of the property can apply for demarcation to the Block Land Revenue Officer(BLRO) or it can be done on orders from a Civil Court. If needed, seek legal advice from an Advocate specializing in property law to navigate the issue effectively.

Dear Sir,
Suit for Easement of Necessity / Right of Way

in the Civil Court, Howrah.

The court can:

Declare your right of access, and

Fix the exact route for your passage.

The court may also appoint an Advocate Commissioner to inspect and recommend the most practical passage.