Most easement enquiries we receive problem pedestrian or motor vehicle correct of way disputes. Usually, the allegation is the fact a neighbour abuses their right of way. Underneath are a few popular eventualities we face.

The Court directed the Executing Courtroom to make sure the correct measurement and determination of shares prior to handing in excess of possession, adhering strictly on the decree’s scope although considering the contiguity of property segments (2024 MLD 36).

In case the easement exists but its present-day use is extremely burdensome, the landowner may perhaps petition the court docket for modification, supplied that an alternate route is offered.

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Disputes in many cases are due to the landowner blocking entry to the correct of way.  This can be achieved by simply locking a gate.  In these types of situations, There is certainly often also a dispute regarding the existence or extent of the correct of way.

The case talked over in PLJ 1997 SC 985 included a declaration that respondents, being co-sharers, were being owners of the land. The fit was originally dismissed, but on charm, it had been decreed in favor of your respondents.

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In the case of Afsar Khan v. Mst. Ghulam Bibi, the Peshawar Higher Court upheld Easements and Rights of Way Wakeel in Karachi the principle that plotting of land without right legal authentication will not bar revenue authorities from conducting partition to safeguard the rights of all co-sharers.

These legal perspectives underscore the importance of preserving co-sharers’ rights in joint property disputes. Co-sharers’ possession and interests are intertwined, and any alter or alienation in joint property have to be done by way of lawful partition proceedings.

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Though landowners have the appropriate to make use of and luxuriate in their property, this proper isn't complete. If an easement exists—either via authorized mandate or extensive-standing observe—the landowner can't just block access devoid of considering the legal implications.

A right of way may perhaps exist as it is contained in the authorized title towards the property. Alternatively, it may possibly arise for the reason that it's been granted by someone, because it is necessary or since the suitable of way has long been useful for 20 years or maybe more.