My neighbour built a wall blocking the only passage to my house, what legal action can I take?
TA Asked by Tariq Anwar from India
Quick Answer
You can file a civil suit for nuisance and for mandatory injunction asking the court to direct the neighbour to remove the wall that blocks your right of way.
Detailed Legal Analysis
You can file a civil suit for nuisance and for mandatory injunction asking the court to direct the neighbour to remove the wall that blocks your right of way. If the passage is a recognised easement right enjoyed for over 20 years, you can claim a prescriptive right under the Indian Easements Act, 1882.
As an interim measure, you can apply for a temporary injunction under Order 39 Rules 1 and 2 of the CPC to prevent further obstruction during the pendency of the suit. Additionally, an FIR for criminal trespass under Section 447 IPC (Section 329 BNS) can be lodged if the construction encroaches on your land.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.