10 April 2024 Property Law >> Personal Law   |   Property/Real Estate Law >> Property & Real Estate  

A recent court case in Maharashtra, India, brought closure to a simmering dispute over a critical access route. At the heart of the issue was a 20-foot wide road running through land owned by the Ramanis (Survey No. 57 Hissa No. 13A/1). The Galas, proprietors of a neighboring plot (Survey No. 48 Hissa No. 15), sought an easement right – a legal right to use another's property for a specific purpose. In this case, the easement would have granted the Galas permanent access to their land via the road on the Ramanis' property.

The Galas presented a three-pronged argument to establish their claim to the easement. Firstly, they argued for an easement by prescription, asserting they had used the road for a substantial period, solidifying their right through extended use. However, Indian law mandates uninterrupted use for over 20 years to qualify for an easement by prescription. The Galas' pleadings only mentioned using the road for "many years," falling short of the legal requirement.

Secondly, the Galas claimed an easement by necessity. They contended that without access through the road, they had no other viable means of reaching their land. The court, however, upon investigation, discovered an alternative access route, effectively negating the argument of necessity.

Finally, the Galas based their claim on their land purchase deed, suggesting the right of way was explicitly included in the document. The court scrutinized this argument as well. To grant an easement right through a sale deed, the previous landowner must have possessed such a right themselves. The court found no evidence that the Galas' predecessor had any legal right to use the road, rendering the clause in their deed inconsequential.

With all three arguments dismantled, the court ruled in favor of the Ramanis. The Galas' claim to an easement right over the road was dismissed. This verdict necessitates the Galas to utilize the alternative access route for reaching their land.