• Exchange for the road

My agreculture land has no road. My neighbour landlord agreed to give road for extra land. How to go about this please help me. Thank you
Asked 6 years ago in Property Law
Religion: Hindu

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21 Answers

Hello,

Make an MOU amongst yourself and get the same registered. Contact a local lawyer for the same, who may draft it for you.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

No such registration fee is to be paid, the fee depends from state to state. Yes you will have to go to sub registrar Office.

Contact a local lawyer to confirm the registration fee.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

Yes you need to go to registration office. The registration fees depend upon the measurement of land.

Anupam Kirti
Advocate, New Delhi
90 Answers
2 Consultations

4.9 on 5.0

1. Did you execute an agreement to sell with the neighbour?

2. If you do not have any pathway to access your land then right to easement subsists in the land of your neighbour which you can use to access your land. A suit for declaration of easementary right can be filed by you against the neighbour.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) your neighbour can give you letter authorising you to use his land for access to your land

2) Section 13 of the Indian Easements Act deals with easement of necessity An easement of necessity means an easement without which the property cannot be used at all. Mere convenience is not the test of an easement of necessity. It can be claimed only when there is absolute necessity for it, i.e. when the property cannot be used at all without the easement and not merely where it is necessary for its reasonable, or more convenient enjoyment. A man cannot acquire a right of way as an easement of necessity, if he has any other means of access to his land however more inconvenient it may be than be passing over his neighbours.

Ajay Sethi
Advocate, Mumbai
94803 Answers
7551 Consultations

5.0 on 5.0

Any transaction leading to transfer of title has to be done through a registered instrument of conveyance in the registrar office.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

1) you should get road free of cost, as per the easement act.

2) for this requires all your village map and your land map and survey number etc papers.

3) After looking at all details than we can see the offer of your neighbor.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

Did you not notice the road access facility while buying the property?

There should be some pathway for ingress and egress or easement

If the neighbor is willing to share his land for your to use as common pathway on some consideration, you may get this deed reduced to writing and get it registered before the local sub-registrar's office.

T Kalaiselvan
Advocate, Vellore
85004 Answers
2207 Consultations

5.0 on 5.0

Do I have go to sub registration office and any registration fee have to pay please

Getting this deed executed and registered shall be a permanent solution instead of worrying about the future when the next generation will enter into litigation owing the nature that the document is an unregistered document hence not valid in law.

T Kalaiselvan
Advocate, Vellore
85004 Answers
2207 Consultations

5.0 on 5.0

Under law, your neighbour is bound to give you access to you land.

If he has already agreed, get into an agreement to this effect with him and get the same duly stamped and registered.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Hi, yes you have to do the process of registration at the registrar office

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Sir,

I think you go to the revenue Officer/patwari, he will provide you road after going through map of agriculture land.

Dalip Singh
Advocate, New Delhi
1084 Answers
36 Consultations

5.0 on 5.0

1. If your neighbour land lord agreed to sell you land for making a pathway to the nearest road, then you shoul;d take the opportunity and buy the said land.

2. You can file a suit for allowing ingress and outgress to/from your land through his land as per the law but the legal cost to be incurred by you for getting favourable order will outweigh the cost of the land if purchased by you for using as pathway.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

You shall have to get the sale deed registered by your neighbour land lord by paying the stamp duty and registration fee the way you had paid while buying your agricultural land.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

Its good that your neighbour has become ready to give you land for the approach road.

If that is so then make a sale deed for the land necessary to make the pathway.

Such deed of conveyance do require stamp duty and registration fees.

So don't choose any short cut or cost effective measures aa without a registered deed of conveyance no transfer of immovable property legally takes place.

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

Both of you have to make a exchange deed for the said exchange and pay stamp duty as may be applicable .

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

4.8 on 5.0

Hi

Yes you have to deposit the fee for the transfer of land piece which you will exchange for the purpose of road.

Contact local authorities

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Respected sir...

sir if you are going for exchange of land just for the purpose of road to get the way then first you will have to register that exchange in your authority and then pay fee for new purchase of land that is vary from state to state .....the benefit of registration is that the purchase land will be yours for always no one can claim that land in future and you will escape from any dispute in future in this prospect ...so pay fee for registration and get the way that lead to your fields ...

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

If he is giving then receive the same as transfer through sale or gift deed

Prashant Nayak
Advocate, Mumbai
31965 Answers
180 Consultations

4.1 on 5.0

Dear Sir,

You have purchase either either path way exclusively or jointly by a registered document or claim a elementary right by filling a suit. Please come to my office.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

1. EXECUTE a registered Deed for Right of way, under the provisions of the easement act, with well placed strategic clauses.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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