Legal Question in Real Estate Law in India

easement rules

Sir, i and my brother acquired a property through a valid registered partion deed in 1972 when we are minors from our parents with a common passage.the said property is let out to several tenants and they were doing business,as it was looked after our father, till 2005, we had no problems as faras the common passage is concered, now i have vacated all my tenants and thought of developing the same, but the tenants of my brother are causing a lot of disturbance by dumping solid materials in the passage which is causing a lot of difficulties to my progress of the property, can i now demand the tenants that the storing of materials in the common passage is illegal and can i take any such measures which will solve the problem once for all such as complete partion of the said property with meets and bounds. there are no prior understandings or agreements between ourselves as to the usage of the common passage.


Asked on 6/09/08, 11:57 pm

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

Re: easement rules

The adjoining owner and tenant will object to closure of common passage. You can consider giving-up common passage exclusively to adjoining owner and close your property after leaving passage as it is.

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Answered on 6/10/08, 12:06 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: easement rules

Already replied.

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Answered on 6/10/08, 12:23 am


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