Apni Law Staff asked 2 years ago
My family has been using a path across a neighbour’s property for generations. The property was initially owned by my uncle and grandfather, but they later sold it. While my uncle retained a small portion, my grandfather sold his portion to a new owner. This new owner, in collusion with my uncle, is now blocking our access to the path. Despite the path not being officially recorded, I’ve presented photographs, satellite images, and even a police statement where the new owner agreed not to interfere. The lower court allowed me to continue using the path, but they’ve appealed to a higher court.
Best Answer
Apni Law Staff answered 2 years ago
Based on the Indian Easement Act, you may have a case for “easement by prescription” if your family has been using the path continuously, openly, and uninterruptedly for over 20 years. The lower court’s decision in your favor strengthens your claim, but the higher court may consider the absence of official recording. The photographs, satellite images, and police statement will support your case, but the final decision will rest on the higher court’s interpretation of the evidence and legal arguments.
Please login or Register to submit your answer
