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Author Topic: easement rights  (Read 473 times)

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Offline anvar

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easement rights
« on: February 27, 2016, 10:54:30 AM »
respected sir 10 years back my father purchased house site with easement rights to the road with a length of 80 ft.  with full rights, but width of the lane not mentioned, but clearly written as to ingress and agress to move freely with bicycles etc. but the successor started building construction without leaving sufficient space to ingress and agress.  in such cases is there any minimum width can be claimed, if so please mention and kindly cite with judgement numbers.

Offline advbose

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Re: easement rights
« Reply #1 on: February 27, 2016, 10:24:39 PM »
you have to file an for injunction, there are many judgments on right to passage.

Offline adv.amarnath

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Re: easement rights
« Reply #2 on: March 06, 2016, 01:45:34 AM »
File a Declaration and permanent injunction case in respect of easementary ground
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline rajgopal sripathi

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Re: easement rights
« Reply #3 on: March 07, 2016, 12:19:25 PM »
HI
For easement rights, no need to mention the width of the lane.

You should file Injunction to restrain disturbance of an easement under the provisions the Specific Relief Act, 1877, Sections 52 to 57 (both inclusive).
 
(a)      If the easement is actually disturbed-then compensation for such disturbance might be recovered.
 
(b)      If the disturbance is only threatened or intended. -When the act threatened or intended must necessarily, if performed, disturbed the easement.

Hope the above helps.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

 

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