Dated: 2024-04-26 18:41:58
My house is located behind another house. There is only one way to enter my house and that is through a narrow alley. there is a get at the start of the alley. neighbor locks the door at 11 pm. What legal action should/can I take.It is suggested that you explain your neighbour that you have a right to use the way through the alley, since it is the only way. This right to you is granted by the Indian easements Act.
According to Section 4 of the Indian Easement Act, 1882 defines it as follows: “An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of certain other land not his own.”
The doctrine of easement of neccessity can be used to your benefit here. A calin under this will be succesful as the land is “absolutely inaccessible or useless” without the easement.
Moreover it is to be noted that right to way is one of the basic rights guaranteed by the Indian Easements Act.So you can consult a practising lawyer and take a legal action againest that person.
Krishnaveni Advocate