File a civil suit claiming the right to ingress and egress
We have around 3 acres of agriculture land but it is not connected to any public road. There is no proper path to access public road which is approx ~30 meters away from our land. the other owner does not provide a small passage towards our land so that we can drive tractor's or any other agricultural vehicle for cultivation purpose. we offering him out land in exchange of his small land or returns in terms of money for sake of accessibility but the owner is denying that too. I have checked 7.12 record and it does not mention any road towards my land. how we can make a way towards our land legally? please help. The land owner has these details in revenue department record: म.ज.म.क. 36/36 अ.ला अधिन राहुन आदिवासी खातेदार आदिवासी खातेदार
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
File a civil suit claiming the right to ingress and egress
If there has been no access road even beofre you purchased the land then I regret you cannot get any better user right over the land as well.
Before purchasing the land you should have checked whether there is any access rod to it or not.
if not then you will have to access only though walking and not otherwise unless adjacent landowners are ready to give you such access.
So meet the adjacent land owners and request them for leniency.
If in the land records there is no way shown than you have to either talk and settle with the land owners if they agree than you can exchange land through deed for way.
In case they donot agree you have to file a civil suit make the adjusent land owner party and claim right to way to under easement of necessity to access your land under section 13 easement act.
Under easement of necessity if the property cannot be enjoyed without that right in your case without way you cannot access your land so you can claim the way from court. the court under necessity provide a way to your land.
1. You can file a suit praying for ingress and outgress to.from your agricultural land.
2. Make sure that you are legally holding the title of your said agricultural land i.e. you have not purchased the said land from an Adibashi when as per local law in force no Adibashi land can be purchased with out the approval of the District Magistrate.
you can claim easmentary right of necessity as there is no other access to your house
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.
3) you can under section 35 of easement act obtain permanent injunction restraining your neighbour from obstructing your right of passage
Hi, it cannot be that there is no government approach road to your land ... However you can file a writ in high court for seeking relief
You may apply to he revenue department and they will create a path way/cart way/tractor tractor. But your application must be accompanied by support of 2-3 neighbors. Or you may simply/falsely claim existence of a road since time immemorial and thus claim right of easement. Get some 2-3 witnesses and establish in the Court. I will give more tips on phone.
Thanks everyone for response. below is the few more information: 1. The land is surrounded by other tribal owner and all has access to public road. My land is adjust to hill occupied by govt forest. 2. All owners (including me) occupied lands as per Maharashtra Land Revenue Code 36/36. it is not purchased. I heard that these land were allotted to our ancestors under bhoodan act. 3. Revenue department doesn't have any record showing any pathway. 4. Currently we are accessing land via footpath. distance is 50 meters. which is more appropriate here? 1. Section 13 of The Indian Easements Act? 2. Application to revenue department (can get support of 2-3 neighbors) 3. Settlement with neighboring owners. (which is not working. offering them land in exchange of land, money, any other wish but nothing is working) 4. Any other better solution?
File application under section 13 , 35 of easement act
You cannot be denied the right to way to your agricultural land.
Easementary rights cannot be extinguished under any given circumstance.
Approach the civil court and institute a suit.
Contact a local lawyer.
File in civil court for under easement act for easement of necessity under section 13 if necessary make revenue department party the court will decide and give you way.
You will be having the registered title deed in your possession, have you checked the particulars in respect of the schedule of property therein?
There has to be a mention about road accessibility, if nothing is there then how were you having access to your landed property till this date?
If there is no provision for access to road or ingress and egress facility you may have to approach with an easement suit.
You have the options for filing a suit for easement rights
You can even approach the Tahsildar with an application to allot you the road access path
The negotiation with the neighbor for purchase or exchange
You may discuss with your advocate and then proceed.
My answers are as follows:
Before answering your questions I suggest you to take every possible alternative defense.
1. Section 13 of The Indian Easements Act?
Ans: Yes, provided you can establish the same.
Section 13 in The Indian Easements Act, 1882
13 Easements of necessity and quasi easements. -Where one person transfers or bequeaths immovable property to another,-
(a) if an easement in other immovable property of the transferor or testator is necessary for enjoying the subject of the transfer or bequest, the transferee or legatee shall be entitled to such easement; or
2. Application to revenue department (can get support of 2-3 neighbors)
Ans: Yes, you must also prepare some sketch maps and mahazars signed by neighbors. If the same are prepared by revenue authorities, forest authorities or survey department authorities, then they will be more strong documents.
3. Settlement with neighboring owners. (which is not working. offering them land in exchange of land, money, any other wish but nothing is working)
Ans: It is better and be careful that some legal document is created.
In my opinion proceed legally with section 13 of easements act.