Legal Question in Civil Rights Law in India

Hi Sir/Madam.

This is regarding my father had agricultural land in kerala where the road has been constracted through his sisters property before 10 years after partision ( That time they were in good terms) two years before they both had some misunderstanding and she wants the road to be closed. As this road is the only way to reach our house. We have not taken legal permission( papers) from her for constructing the road at that time and we have asked her permission only through the phone. Shall we get any legal protection for our road ? as we are using the road as the only source.If yes , what steps we have to do ?


Asked on 12/02/13, 3:55 am

1 Answer from Attorneys

Hello,

Your problem directly pertains to the concept of easement rights. For your basic information, the kind of easement that you are interested in is an appurtenant easement. An easement appurtenant attaches to the land permanently and benefits its owner. In order for it to exist, there must be two pieces of land owned by different individuals. One piece, the dominant estate or tenement, is the land that is benefited by the easement. The other piece, known as the servient estate or tenement, is the land that has the burden of the easement. An easement appurtenant is a Covenant running with the land since it is incapable of a separate and independent existence from the land to which it is annexed. A common example would be where one landowner�A�is the owner of land that is separated from a road by land owned by B. If B sells A a right of way across his or her land, it is a right that is appurtenant to A's land and can only be used in connection thereof. The best course of action for you is to get a good lawyer who can petition a court for passsing a stay order against any action that will close the road.

Regards,

Advocate Ashok Kumar; www.lawkonect.com

Read more
Answered on 12/05/13, 3:37 am


Related Questions & Answers

More Civil Rights Law questions and answers in India