Easements and Right of Way

A Right of Way Is Not a Right to Exclude: Bombay High Court on Gated Access Over Government Land

Forty-five years of maintaining a gate at the entrance to a government access road did not give a Mumbai housing society the right to keep it there. The Bombay High Court's order separates a permissive right of way from an allotment of land, and shows why a pending adverse possession suit over one plot does not shield unrelated encroachments on another.