Question
We have a home and there are two houses in front of ours. Originally, they agreed to give us a road through their land, but later they refused and built houses on it. Now, we want to take a road from another side, which involves passing through 2% government land and the rest on the land owned by the two houses. One of the homeowners is willing to give us space for a road, but the second one refuses to give us 2 feet of space, and we cannot take a road that is narrower than 6 feet. We’ve tried to resolve this through the local public representative, but nothing has worked. What can we do now to secure a road?
Answer
In situations like yours, where access to a road is being blocked by neighboring landowners, you have several legal options in Bangladesh. The issue of road access, or the “right of way” (known as easement under the law), is an important legal matter, especially when there are no alternative access routes to your home.
Here’s what you can do:
1. Claiming an Easement Right (Right of Way)
- Under the Easement Act, 1882, you may have the legal right to claim a road (right of way) over the land owned by your neighbors. An easement allows you to use a portion of someone else’s land for a specific purpose, like gaining access to your home. This is especially applicable if there is no other reasonable access to your property.
- To claim an easement, you can file a case in the Civil Court. You will need to show that:
- Your property is landlocked or has no other viable access.
- The road is essential for your access and livelihood.
- You have previously used or were promised access to that road.
2. Government Land Access
- If the road you are trying to secure partially passes through government land, you can file an application with the local municipal or Union Parishad authorities to officially obtain access through the government land. In most cases, government land can be used for public infrastructure, such as roads, with proper permissions.
- The Deputy Commissioner’s office or AC (Land) in your area will likely handle requests related to government land. If they approve your application, the neighbors cannot block access through the portion of government land.
3. Local Mediation and Public Representative
- While you mentioned that the local public representative couldn’t resolve the issue, you might still consider a formal process involving a local arbitration or mediation. Sometimes, a written agreement facilitated by local representatives or a Ward Commissioner can serve as a legally binding document, ensuring that all parties are on the same page.
- If you are willing to pay compensation to the second house owner for the 2 feet of space, you can offer this through mediation. It may be a way to resolve the issue without going to court.
4. Filing a Civil Suit
- If none of the local mediation efforts work, your last resort will be to file a civil suit for an easement right in the District Court. In the suit, you will need to request that the court order the second homeowner to allow access for a 6-foot-wide road.
- The court can also intervene and appoint a surveyor to inspect the land and decide whether granting you the right to the road is justified. Based on Section 7 of the Easement Act, you can argue that access to the road is a necessity for your residence.
5. Legal Notices
- Before filing a suit, consider sending a legal notice to the second homeowner. This will formally notify them of your claim and your intention to pursue legal action if the matter is not resolved. A legal notice can sometimes prompt a resolution without going to court.
6. Public Interest and Local Government Involvement
- If your case has broader community interest (such as multiple homes needing the same access), you can also involve local authorities more formally. The Union Parishad or municipality has the authority to construct public roads or settle disputes related to road access, especially if it affects more than one household.