What Is A Right Of Way Easement?

What does the law in Kerala say in respect to "right of way". In my case, the property of my far distant cousin is situated towards the interior of our ancestral piece of land and for many years they have been using the path passing through our pr... Read More

What does the law in Kerala say in respect to "right of way". In my case, the property of my far distant cousin is situated towards the interior of our ancestral piece of land and for many years they have been using the path passing through our property. We had always allowed them right to passage but now they have gone legal to claim and get that path written out to them on papers. Also, they are asking for a wider path, which allows them to bring in truck and cars to their premise but we are not ready to give more than walking access to their home. Additionally, a year back a confrontation happened between this cousin's family (wife) and my uncle (who lives nearby) about the access to the path and this cousin's wife filed a complaint in police station stating that my uncle threatened them and also, that she is entitled to the path as she has been using it for years. Looking for expert advice and information on what law says about the basic right of way as applicable in Kerala and what should be done next, as we're looking forward to doing renovate and expand our house at the place. Thanks & Regards
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Answers (2)

Advocate Vabhav | Legistify

Advocate Vabhav

  • Gautam Budh Nagar, Noida
  • Noida

You can file injunction suit restraining the other party from mutating the name of the pathway for parties in revenue papers.

Please quote all the evidence before Court including oral evidence for providing them with the right of way in the common pathway.

Kindly seek injunction for restraining them from doing any construction in common pathway

Answered on 08 Sep 2019


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Advocate Moizuddin Ali Ahmed | Legistify

Advocate Moizuddin Ali Ahmed

  • Chatta Bazaar, Hyderabad
  • Hyderabad

The right of easement is not confined to Kerala state alone as it is central act, secondly if your neighbours are fighting, you can file criminal complaint to local police, but they cannot force you to donate your property for widening their path, and if they require wider path they have to pay the price and purchase the land and make the way for them. You can approach the civil court for an injunction for your property by filing all your documents, and obtain injunction order and police protection order from a local civil court.

Answered on 10 Sep 2019


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