Expanding Road Easement Rights

Summary

In Kerala, property disputes involving road easements are governed by the Indian Easements Act, 1882. If youve used a path for a long time, you may have acquired a prescriptive easement. Expanding the path generally requires the neighbors consent. However, a document signed by the panchayat secretary strengthens your case. If the neighbor disputes, you may need to seek a legal declaration of your right to use the path. Consider consulting a local attorney for personalized advice.

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Kerala
In Kerala, property disputes and easement rights are typically governed by the Indian Easements Act, *. Here are some key points you should consider:
- Easement Rights: If you have been using a path for a certain period, you may have acquired an easement right.
- Consent: Expanding the existing path would generally require the consent of the neighbor.
- Legal Action: If the neighbor does not agree, you may need to seek legal action for a declaration of rights.
Would you like more information on how to proceed legally?
But as we have purchased nearby land they are asking to return the already given area but if we give then its not possible for a car to enter our area as width is very less if we give the * feet area. Also we have panchayat secretary signed document stating the owner had given the path to us as road. So if they move legally against us should we have to return it. Also would gere be any objection in laying mud and making path there
In Kerala, your situation hinges on the Indian Easements Act, * and the documented agreement you have. Here are some key points:
- Easement Rights: You may have a prescriptive easement if you've used the path for a long time.
- Documented Consent: The document signed by the panchayat secretary strengthens your case.
- Legal Action: If the neighbor disputes, you could seek a legal declaration of your right to use the path.
Would you like to know the procedure to file for a legal declaration?