Property Boundary Dispute and Right of Way in Karnataka – A Legal Guide

One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

TL;DR: A person who voluntarily sold their own road-access land cannot later demand a right of way over your property. An encroachment by a relative found through a proper land survey must be legally challenged. You are entitled to get a copy of the plaint filed against you — the court's registry must provide certified copies on your application.

The client approached the Chamber of Advocate Sudhir Rao after receiving a civil suit summons from the Belagavi Civil Court. Earlier attempts to resolve the boundary dispute through panchayat talks had failed. The suit claimed a right of way over a portion of the client's inherited property. Here's the backstory. The client's father and his uncle inherited a large ancestral plot. After the father passed away, the client's mother inherited his half. Her brother-in-law, Mr. Ramesh Hegde, had sold a strip of his own land that directly connected to the main road. For over a decade, he used an alternate pathway. Then, a 2024 official survey revealed that Ramesh had encroached on about 12 feet of the client's land. When confronted, Ramesh not only claimed ownership of that encroached strip but also demanded a new road on the client's land for his own access. He then filed O.S. No. 58/2025 in Belagavi. Advocate Sudhir Rao and his office argued that under the Indian Easements Act, 1882, a right of way cannot be claimed if the person created the need by selling their own access. The court agreed. The specialised handling of land survey evidence and the nuances of easement law secured a stay order against Ramesh's demand during the suit's pendency. The client could now access the court registry to obtain the plaint copy and prepare a robust defence.

Key Facts of the Case

• The property was inherited by the client's mother after a partition between her father-in-law and his brother.
• The uncle (defendant's father) voluntarily sold his own roadside land, losing direct access to the main road.
• A government-commissioned land survey conducted in 2024 confirmed an encroachment of approximately 12 feet onto the client's property.
• The uncle filed a civil suit (O.S. No. 58/2025) in Belagavi seeking a mandatory right of way and claiming ownership of the disputed strip.
• The client was initially unable to get a copy of the plaint from the court registry — a procedural hurdle that was later resolved.
• Advocate Sudhir Rao's office successfully argued that a self-created necessity through voluntary sale does not create an easement of necessity.
• The interim order from the court restrained the uncle from interfering with the client's land and barred any construction of a road.

The Direct Legal Answer

Can someone claim a right of way if they sold their own access land?

No, generally not. Under Section 13 of the Indian Easements Act, 1882, an easement of necessity arises only when the need is created by the transfer of property — not by a voluntary act like selling your own land. By selling the roadside portion, your uncle created his own problem. The law does not reward that. The Karnataka High Court has repeatedly held that a person cannot claim a right of way over a neighbour's land if they deliberately cut off their own access.

Do I have to leave part of my land for his access?

Not unless a court declares an easement of necessity exists after considering the facts. Your uncle's 10-15 year use of an alternate route actually weakens his claim — an easement by prescription requires continuous, uninterrupted use for 20 years (Section 15 of the Easements Act). He's well short of that. And again, his own act of selling his roadside land eliminates any claim of necessity.

How can I get a copy of the plaint?

You are legally entitled to it. Under Order 7 Rule 5 of the Code of Civil Procedure, 1908, every plaintiff must file enough copies of the plaint. The court registry must provide you a certified copy upon payment of the prescribed fee. If the registry refuses, file an application under Section 152 CPC for a direction. In your case, contact the Belagavi Civil Court's copy department in person or through a local advocate. They should issue it within a few days.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

First, obtain a certified copy of the survey report from the Taluka Survey Office. Second, file a counter-claim in the same suit seeking removal of the encroachment. Third, if the plaint isn't being given, move an application before the court. Property disputes are highly fact-specific — a general practitioner may miss procedural steps like checking survey records or applying for interim injunctions. An advocate experienced in civil and property litigation can handle these nuances and often gets quicker outcomes.

Applicable Sections of Law

This case is governed by the Indian Easements Act, 1882 — specifically Section 4 (easement defined), Section 13 (easement of necessity), and Section 15 (prescriptive easement). The Code of Civil Procedure, 1908 is the procedural law: Order 7 Rule 5 deals with copies of plaint, and Order 39 Rule 1 & 2 govern temporary injunctions. The Limitation Act, 1963 is relevant — the limitation for filing a suit for declaration and possession is 12 years from the date of dispossession. The Transfer of Property Act, 1882 also governs the nature of ownership and encumbrances on the land.

Limitation Period

Under Article 65 of the Limitation Act, 1963, a suit for possession of immovable property based on title must be filed within 12 years from the date the defendant's possession becomes adverse. Article 58 allows 3 years from when the right to sue first accrues for a declaration. In boundary dispute cases, the clock starts when you discover the encroachment — typically from the survey date. Missing this window can be fatal. If you've exceeded the period, an application for condonation of delay can be filed, but convincing the court is difficult.

Interim Reliefs Available

In a civil suit for boundary dispute and right of way, you can seek a temporary injunction under Order 39 Rule 1 and 2 CPC to restrain the other party from interfering with your possession or creating any new road. You can also seek a status quo order — the court may direct that the land remain as it is until the suit is decided. If the encroachment is recent, an appointment of a court commissioner to conduct a local inspection and prepare a report can be obtained. These interim reliefs are critical — they prevent further harm while the case is pending.

If You Are the Victim

• Preserve the original survey report and all prior title documents.
• Do not allow any construction or road on your land under pressure or oral agreement.
• File a counter-claim in the same suit to assert your right and seek removal of the encroachment.
• Take photographs and video of the boundary markers and encroached area.
• Notify the Taluka Inspector of Land Records about the encroachment for official verification.

Documents You Must Keep Ready

• Original title deed / sale deed / partition deed of the property.
• Certified copies of the land survey sketch and measurements from the Survey Office.
• All previous tax receipts and mutation extracts (RTC / Record of Rights).
• A copy of the civil suit summons and the plaint (once obtained).
• Photographs and videos of the disputed boundary and the encroached area.
• Any written communications (letters, notices) exchanged with the neighbour.
• Identity proof (Aadhaar, PAN) and proof of inheritance (death certificate, succession certificate).

What Evidence Is Required?

• Primary evidence: The official survey report (commissioned or revenue department) showing boundary lines and encroachment.
• Documentary evidence: Title deeds, partition deeds, and RTC extracts proving your ownership of the entire land.
• Witness evidence: Independent villagers or neighbours who are aware of the historical boundaries and the voluntary sale of the roadside land.
• Photographic evidence: Geotagged photos showing the current state of the land, the encroached strip, and the alternate route used by the uncle.
• Expert evidence: A licensed surveyor's report confirming the encroachment can strengthen your case.
• Judicial record: A certified copy of the uncle's own sale deed showing he voluntarily sold his access land.

How Courts Typically Approach Such Cases

Civil courts take a practical view in boundary and easement disputes. They prefer physical inspection over mere documents. The court will first check the revenue records — RTC, survey maps, and mutation entries. Then it examines the alleged right of way: did the plaintiff truly need the easement, or was it self-created? Courts are reluctant to grant a right of way if the plaintiff had an alternative or if they created the necessity themselves. The burden of proof is on the person claiming the easement. The court also considers balance of convenience — if granting the road permanently alters your land, it's less likely to be allowed.

Timeline of Legal Process

• Notice stage: After filing the plaint, the court issues summons. This takes 2-4 weeks.
• Written statement: The defendant must file a reply within 30 days (extendable to 90 days with court permission).
• Case management and issues: Once pleadings are complete, the court frames issues — takes 2-3 hearings.
• Evidence: Both sides present affidavits of witnesses and documents — 3-6 months depending on court congestion.
• Arguments: Final oral arguments — 1-2 hearings.
• Judgment: Pronounced within 30-60 days of final arguments.
• Appeal: If dissatisfied, appeal to the District Court or High Court — adds 6 months to 2 years.

In Belagavi Civil Court, a property suit typically takes 2-3 years from filing to first instance judgment.

Understanding the Costs

The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.

A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.

Can the Matter Be Settled Out of Court?

Yes. Property boundary disputes are highly amenable to settlement. Both parties can approach a Mediation Centre attached to the civil court under Section 89 CPC. A compromise deed can be executed and the suit withdrawn. If the dispute involves an encroachment, the uncle may agree to pay compensation or surrender the encroached land in exchange for defined access rights. However, settlement works only if both sides are reasonable. If litigation has hardened positions, mediation may fail. In this case, the uncle's claim of ownership over the encroached strip is weak — settlement on your terms (removal of encroachment, no road) is feasible if he agrees.

Common Mistakes People Make

• Delaying action: Waiting for years after discovering encroachment weakens your title — the 12-year limitation clock ticks.
• Signing oral agreements: Verbal deals about boundaries or easements are unenforceable and create confusion later.
• Destroying evidence: Removing survey stones, clearing boundary marks, or altering the land's topography before documentation.
• Engaging a lawyer without domain experience: Property litigators know how to read RTC extracts, survey maps, and easement laws. A general practitioner may overlook filing a counter-claim or applying for a temporary injunction, costing you your position in court.
• Posting on social media: Public posts about the dispute can be used against you — including screenshots in court.
• Speaking to the opposite party without counsel: Any admission or concession you make in conversation can be twisted as evidence.

FAQs People Normally Have

Can I stop my uncle from using the alternate route he has used for 15 years?

Not if he has acquired an easement by prescription — but he hasn't. A prescriptive easement under Section 15 of the Easements Act requires 20 years of uninterrupted, peaceful use. He's only 10-15 years in. So yes, you can stop him.

What if the court declares a right of way in his favour?

You can appeal. An easement of necessity must be proven strictly — he'd need to show his remaining land is landlocked. But since he sold his own access, courts rarely grant it. If he does get it, the court will order compensation for the land used.

Can I make a criminal complaint for the encroachment?

Property encroachment is primarily a civil matter. Police rarely file an FIR for boundary disputes unless there's trespass with force or criminal intimidation. Your remedy lies in civil court — seek a mandatory injunction for removal of the encroachment.

How long does the court take to give me the plaint copy?

If you personally apply at the Belagavi Civil Court's copy section with the suit number (O.S. No. 58/2025), you should get it within 3-5 working days. If it's delayed, file an application before the court. The judge will direct the registry to issue it.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India