Legal Question in Real Estate Law in India

Acess to property

Dear Sir,

I have a farm land in kodagu district of Karnataka state in India, the only way to reach the farm is by a path through another persons land. Mine is an ancestorial property and the path has been used by us for years. Recently the path has been blocked by the owner of that property.All our efforts even to buy the area of the path 8 sq ft at any given price has been turned down, the path is not cultivated and it is just seperating our property from the government main road by a distance of 12 feet. Kindly guide us on this matter


Asked on 1/04/09, 8:59 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Acess to property

You can approach the Court for clearing Easementary Right of Way.

Alternatively, you can also approach concerned Revenue Officers like Tehsildar or Collector, who also have powers in this regard.

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Answered on 1/05/09, 12:48 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Acess to property

If the path was in use for more than 12 years, you may have earned a right of 'easement' in that property. If the path is blocked, you may make a complaint of 'nuisance' with the local police for removal of blockade created by the neighourers.

Another remedy may be filing a civil suit for easement/passage rights.

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Answered on 1/04/09, 10:14 am


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