What is rights of pathway and how to get right of pathway?
A right of pathway refers to an easement that gives an individual or entity the legal right to use a particular path or way located on another person’s property.
This right of pathway allows access to a specific place such as a road or building along the created path, even if the path is located on someone else’s land.
Right of pathway can be established by legal right. As per the legal right, the right of pathway can be approached in court to get right of pathway when the right of pathway is blocked.
Pathway can be established based on ownership. This means that the rights-of-way easement can be acquired by the owner of a pathway or the owner of property If he give up his rights to use the rights-of-pathway.
Acquiring right of pathway by empirical right. A right of pathway can be obtained with the help of the courts if a person suddenly stops claiming a right of pathway which has been used for more than 20 years.
Right of pathway is specified in the Indian Easements Act, 1882 under which various rights including right of pathway can be acquired.
Example Previous Cases :
Bachhaj Nahar v. Nilima Mandal And Another :
This judgment provides insights into the nature of easements, including the right of way, and the requirements for pleading and proving easementary rights.
Kallen Devi And Ors. v. Kizhakkekoroth Raghavan :
This judgment discusses the importance of precise pleadings and evidence in establishing an easement by prescription, which is relevant to understanding the right of pathway.
Fomento Resorts And Hotels Limited And Another v. Minguel Martins And Others :
This case delves into the legal implications of obstructing a public pathway and the rights associated with easements, including the right of way.
Prasannakumari v. Krishnakumari & Anr. :
This judgment addresses the claim of prescriptive easement over a pathway and the requirements for establishing such rights, which is pertinent to understanding the right of pathway.
PARVATHY v. PONNUSAMY :
This case discusses the scope of easements, including easements of necessity, and sheds light on the legal principles governing the right of pathway.
