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AMy extended family owns a residential plot. At the time of purchase, there was a written agreement between our family and the person who owns the plot in front of ours that both parties would leave 10 feet from their respective plots to create a 20-foot-wide road.
Originally, both plots were owned by the ancestors of the person in front, and the land was later divided and sold. After our family purchased our share based on that agreement, the other party refused to leave any land from his side, stating he already had road access from two other sides.
As a result, the entire road was developed and maintained over the last 10+ years solely on our land, and at our family’s expense.
Now, despite having alternative access, he regularly uses the road on our land to move heavy vehicles like pickup trucks, which has damaged the road and caused inconvenience.
Since the road lies fully within our private property and is not a public road, can we legally restrict or gate it to prevent others especially him from using it?
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RYes. If the land documents in the revenue record and proper evidence of the fact that you have been maintaining the said road is available in your favour, you can have a restraining order from the local district court or revenue court by the DC or div com, wherever the jurisdiction falls. If he still uses the same, the op can approach the hon’ble high court for the same.
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