Neighbour blocked your path or road to your house or field? India guide to right of way (rasta) — easement of necessity (s.13), 20-year prescriptive right (Easements Act s.15), injunction, public road obstruction (BNSS s.152, BNS s.285), Tehsildar remedies in Rajasthan (s.251, 251A), MP (s.131) and Maharashtra (Mamlatdar, 6 months) (2026)
Plain step-by-step guide when a neighbour, relative or anyone else blocks the path, gali, cart track or road you use to reach your house, plot or agricultural field — or when your land has no access at all: when you have a legal right of way, how to prove it, the quick remedies before the Tehsildar or SDM, the civil suit and injunction route, and what to do if a public road is blocked. Educational only — not legal advice. Adhiwakta does not file cases or contact the police, revenue officers or the other side for you.
No name or phone form. WhatsApp opens with your question already written; just tap send.
First, find out what kind of path it is
The remedy depends on the path. (1) A public road, gali or village path recorded in revenue or municipal records as ‘rasta’, ‘chak road’ or public land — anyone can use it and blocking it is a public nuisance. (2) A private path over someone else’s land that you have a right to use — an ‘easement’ (sukhadhikar). (3) A path you used only with the owner’s permission — a licence, which the owner can usually withdraw. Get the khasra / khatauni / jamabandi / 7-12 extract, the village map (naksha / shajra / cadastral map), your sale deed or partition deed and old photographs, and see whether the path is recorded and where.
When you have a right of way (Easements Act)
Under the Indian Easements Act, 1882 a right of way can arise in several ways. Easement of necessity (section 13): if land was divided by sale, gift or family partition and your portion cannot be reached at all without crossing the other portion, a way of necessity exists — but it ends when another access becomes available, and mere convenience is not enough. Prescription (section 15, and Limitation Act section 25): if you used the way peaceably, openly, without interruption and as of right (not by permission) for 20 years — 30 years against Government land — you acquire an easement, and the suit must be filed within two years of the end of that period. An easement can also be granted in writing, for example in your sale deed. Witnesses from the village, old photos, the path shown in maps and the deed wording all help to prove it.
Is your situation a little different? Send your question on WhatsApp.
Write in Hindi or English · general guidance, not legal advice
Quick remedies before revenue officers (State-wise)
For agricultural land, many States give a quicker remedy than a civil suit. Rajasthan: under the Rajasthan Tenancy Act, 1955 section 251, if a landholder’s existing right of way is disturbed, the Tehsildar can order the obstruction removed and the use restored (a civil suit is still possible); under section 251A, a tenant who has no access can apply to the SDO for a new way or widening through another khatedar’s field — granted only on absolute necessity, with compensation to the other owner. Madhya Pradesh: under the MP Land Revenue Code, 1959 section 131, the Tehsildar decides disputes about cultivators’ access routes, considering past custom and convenience. Maharashtra: a suit before the Mamlatdar’s Court under section 5 of the Mamlatdar’s Courts Act, 1906 for removing an obstruction to a way to the field must be filed within six months of the obstruction. Other States have their own revenue provisions — ask at the tehsil.
Civil suit and urgent injunction
For a private easement in a city or village, the usual remedy is a civil suit for declaration of the easement and a permanent injunction against obstruction (Easements Act sections 33 and 35, Specific Relief Act). With the suit, you can ask for a temporary injunction under Order 39 Rules 1 and 2 CPC so the wall or gate is not built, or is stopped, while the case is pending. Act fast: a court is more likely to protect the status quo before a wall is completed. Photographs, videos with dates, and a spot report help.
Public road or gali blocked
If a public way, village path or drain is blocked, complain in writing to the SDM / Executive Magistrate, who can pass a conditional order to remove an unlawful obstruction or nuisance from a public way (BNSS section 152, old CrPC 133). Obstructing a public way is also an offence with a fine of up to ₹5,000 (BNS section 285, old IPC 283), so a police complaint can be given. For encroachment on a recorded village path or chak road, also complain to the Tehsildar and the gram panchayat; in cities, to the municipal corporation’s encroachment wing.
Avoid these mistakes
Do not break the wall or gate yourself or use force — it can lead to criminal cases against you and weaken your claim. Do not sign any ‘permission’ letter accepting that you use the path only with the owner’s consent, as it can defeat a prescriptive right. Do not delay: the Maharashtra Mamlatdar remedy has a six-month limit and the prescriptive suit has a two-year window. Try a written settlement or mediation (including Lok Adalat) — a recorded, registered path agreement avoids future disputes.
How Adhiwakta can help
We do not file suits or revenue applications, measure land, or contact the police, revenue officers or the other side for you, and we do not promise any result. Adhiwakta is a facilitation platform, not a law firm. We do not file cases, appear before any authority, or promise any result. Use Ask Adhiwakta to describe your situation for general guidance from an independent advocate, or start with the AI helper to organise your facts and papers. Educational only — not formal legal advice.
Have a related question?
Frequently asked questions
- My neighbour built a wall and blocked the only path to my house. What can I do?
- Collect the land records, map, deed and photos, then file a civil suit for an easement and injunction with an urgent temporary injunction application (Order 39 CPC). If the path is a public way, also complain to the SDM (BNSS section 152) and the police. Do not break the wall yourself.
- After how many years do I get a right to use a path?
- Under section 15 of the Easements Act and section 25 of the Limitation Act, 20 years of peaceful, open and uninterrupted use as of right (30 years against Government land), with the suit filed within two years of that period. Use based on permission does not count.
- My field has no road at all. Can I get a way through another farmer’s land?
- Some States allow it. In Rajasthan, section 251A of the Rajasthan Tenancy Act lets a tenant apply to the SDO for a new way through another khatedar’s field if it is an absolute necessity and no alternative exists, with compensation. Otherwise an easement of necessity may arise after a partition or sale.
- Who removes an obstruction on a public road or village path?
- The SDM / Executive Magistrate can order removal of an unlawful obstruction on a public way under BNSS section 152 (old CrPC 133). Obstructing a public way is also punishable with a fine of up to ₹5,000 under BNS section 285.
- Is there a time limit for a rasta case before the Tehsildar or Mamlatdar?
- It depends on the State. In Maharashtra, a Mamlatdar’s Court suit under section 5 must be filed within six months of the obstruction. Check your State’s revenue law at the tehsil and act quickly.
Share Adhiwakta with someone who needs it
Send this page on WhatsApp — legal information in Hindi & English.