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<blockquote data-quote="warwickuni" data-source="post: 22961622" data-attributes="member: 101444"><p>If there is no road to a property , on the basis of necessity a road can be obtained by filing an action/case in court.</p><p>A foot path 5 feet can be obtained, irrespective of whether other land owners like it or not.</p><p>These are old common law rights and at the time since there was no development of roads and vehicles only a foot path is recognized in law as a necessity.</p><p></p><p>But here there is a road and issue is to widen it.</p><p></p><p>I think still you can file an action for this on the basis of necessity. But there is no gurantee that you will win. This may take years to determine depending on the judge and also lawyers and also depending on number of cases pending in the court.</p><p></p><p>So, file an action on the basis that there is necessity for a road of at least 10 feet as a mode of transport is now a basic need even to transport a sick person or even to build a house or renovate it.</p></blockquote><p></p>
[QUOTE="warwickuni, post: 22961622, member: 101444"] If there is no road to a property , on the basis of necessity a road can be obtained by filing an action/case in court. A foot path 5 feet can be obtained, irrespective of whether other land owners like it or not. These are old common law rights and at the time since there was no development of roads and vehicles only a foot path is recognized in law as a necessity. But here there is a road and issue is to widen it. I think still you can file an action for this on the basis of necessity. But there is no gurantee that you will win. This may take years to determine depending on the judge and also lawyers and also depending on number of cases pending in the court. So, file an action on the basis that there is necessity for a road of at least 10 feet as a mode of transport is now a basic need even to transport a sick person or even to build a house or renovate it. [/QUOTE]
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