• Road access to my agriculture land

Respected sir,i am from hyderabad and i purchased agriculture land near bhongir on march 2016 and i am the third owner of this land.the first registered document registered by pattedhar to the buyer on year 2008 by mentioning boundaries as north : X land,south : Y land,east : Z land and west : 16 feet road in registered document extend of 2 acres 30 guntas(2.30 acres) and its first link document from pattedhar and it falls in only one survey number, later first document holder sold his land on year 2015 to the person name kumar with extend of 2 acres 22 guntas(2.22 acres) with same boundaries as per mentioned above first document boundaries and later in year 2016 i purchased land from kumar with extend of 2 Acres 22 guntas(2.22 acres) with same boundaries as per above mentioned first and second documents. R&B road to our land is same survey number and in this survey number there are three pattedhars.the land which i purchased is last bit from R&B road and we are going to our land as per document mentioned west: 16 feet road.now we are planning to sell our land to others but my neighbours of first bit land owner and second bit land owner disturbing by forcing us to sell the land to them and tht too they are asking very less of market price and we are not ready to sell for less price.the buyers are coming to see our land bt my neighbours doing a problem by telling there is no road to our land and buyers are going back by listening neighbours words.in our registered document north : X person land will comes under another survey number and he has only one road access to his land from our west :16 feet road and he is non another than our land survey number first bit owner whose land is near R&B.first bit of R&B road land owner in our survey number is the owner of our north boundary land owner and it comes in another survey number and its last corner land.our survey number first n second bit owner cutted trees and kept on first bit road entrance as a fencing with those cutted trees bunch and not allowing us to take our car to our land nor not allowing us to walk.so.kindly plz suggest how can i solve this problem and how i can get road access to my land as per registered document.the pattedhar of our land who registered first document was expired and we approached the first document holder and asked him about road access and he told clearly that when they purchased in 2008 from pattedhar there was no issue and they used the same access road as per document from 2008 to 2015 but when they planned to sell the land to kumar neighbours started creating problems same like how they are disturbing u people now and he told tht out of 2.30 acres they sold only 2.22 acres and they left 8 guntas land for road without registering to anyone due to neighbours disturbance.so plz kindly suggest how can i proceed by taking serious action on neighbours
Asked 4 years ago in Civil Law

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13 Answers

Nobody has right to stop you reach your plot. Every plot/land holder has right of way. The statement that plot have no road is impractical as every plot has its own way to reach and nobody can restrict it.

If they are restricting then you can approach civil court for right of way.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

File police complaint for forceful restraint and then file suit for right of way. That's the only option.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

You can claim easmentary right of necessity as there is no other access to to yourvland

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

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1) You can file case for road till you land under Easement Act.

2) Plus you can read all three documents which are registered with the registrar and call them as 8 guntas land is free for all for road purpose.

3) You can apply for demarcation of land as it's has same survey number.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Sir you have the right over the way as your easement right and you cannot be illegal restrained from using the way.

You can file a suit for claiming easement of necessity and take interim relief of using path till the time the suit is decided by the hon'ble court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

In case they rest rain you from using path file a complaint with police and give a complaint to SDM and collector for the path and illegal restrainment from using property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. In this scenario you may file a suit for declaration of your easementary right through easement by necessity by filing a civil suit in the competent court. If there is no other path available to access your property then easement by necessity subsists.

2. Also seek permanent injunction to restrain him from doing any act that would infringe your right to easement by necessity.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Please consult a Civil Lawyer of your court as the case needs to go through certain Tehsil documents.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

1. File a Police FIR, for obstructing and restraining you, from going to your land.

2. File Civil suit, for permanent right of way, under the Easement Act, in the local Civil Court.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Hi,

The left over portion out of 2.30 gunta is for road and you ask access on this ground. Approach SDM or local authority for having clear access to you.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

If you have no was for road access, then you may choose the same path that had been in use prior to your purchase of this proeprty and after that also.

File a suit for easement rights and also mandatory injunction and temporary injunction on the same lines against the defendants if they try to object or obstruct your usage of the pathway during the pendency of the suit.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

But the first bit owner and second bit owners are telling that the road access to ur agriculture land id from our land only anf we wont allow you to go from our land.but present physically there is mud road from R&B road to our land and our north side neighbour also using same west side road as per our registered document road and they are allowing him to go to his land because he is the land owner of first bit of R&B road and he is telng tht we only use this road access but we wont allow u.

If that was the originally used access to road pathway, then yo can fight for it through court of law.

Let them tell anything, since you have documentary evidence for this, you may properly fight it out out in the court of law and seek relief and remedy

You may consult a local advocate at length and strongly contest the case.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Seek the original plan of the said land and check for the road access the title for the same. If you find anything illegal your can approach teh civol court and seek injunction in the same.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

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