• Access to agriculture land

We have a agriculture property which can be accessed through my uncle's property. However he is ready to sell his property for real estate . We requested to give some path to access our property and sell his land . He refused to provide access . He is asking us to sell along with his property. We are not ready to sell . Is there a way to get access to our property if we're not ready to sell?
Asked 4 years ago in Property Law
Religion: Hindu

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33 Answers

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

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
87947 Answers
6207 Consultations

5.0 on 5.0

You would not be trapped if you don’t sell your property with your uncle

You cannot be forced to sell your property

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Hi,

You may file a suit for access to your property and your uncle will be bound to give access.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. It is not clear whether you had been using the land of your uncle to have access to your land of r along period of more than 15 years.

2 if that is so then you have obtained easementary rights over his land and hence he can not deprive you from this.

3. Now if he restrains you from using your rights you can file a suit for declaration and for injunction.

4. if he sells the land then the buyer is also bound to give you this right to use the and as pathway.

S act accordingly.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hi,

The access means path to reaching comfortably to your property. You may use your property as per your wish under the limitations of law.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Sir claim the easmentary right of the way through his property even in case uncle sale the property and the new buyer tries to block the way you can file a civil suit claiming easement right as you are using way from many years and it is easement of necessity to access your land so the way cannot be blocked.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The court will pass such order to give you reasonable way to access the property it is not necessary to sell the property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can sell your land freely the easements are attached to land the new buyer shall get the access to land from.same path.

Access means the reasonable size of way or path to enter your property to enjoy it.

You can sell the property normally there won't be any hurdle doing so.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can sell your property later as you would have been granted easmentary rights of access by court

2) you can use uncle property as passage to your land

3) even if buyer sells land for plots your access cannot be denied

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

The case may take one to two hour and in the meantime you may have an stay on selling of land by your uncle. Thus you may create some pressure. Further, getting path will create value of your property many times. Selling is not the wise option.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. The case can go for years but the court shall pass order for interim relief so that pending the case you can use the way.

2. You don't need to pay for that if it not done amicbale he shall be only owner of same and yes it would be loss.

3. That is on you to decide if you get good price for property you can sell for easement you to fight in court.

4. You have to pay for the court fee and advocates fee you engage for case.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Disposal of case depends upon pendency of cases in court

2) litigation is long drawn and expensive proposition

3)uncle / buyer continue to be the owner of plot . You only have right of way over said land

4) selling land is better proposition

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Firslty, as per the information in the above mentioned query, makes it clear that you also have all right over your portion like your uncle has it on his portion.

Secondly, if the way always be in use to get access to your portion hen you have an easement right over the same.

Thirdly, he can’t force you to sell your part as it is your wish as to when and to whom you should sell it.

Fourthly, you should file a suit for getting access under the easement law, and surely you would get some relief.

You can sell your portion whenever you want irrespective of the outside of the suit for easement right, don’t worry about it.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. you are not bound to sell your property

2. you have a right of easement over the uncle's property

3. the easement rights go with the land. so if land which is subject to an easement right for other property, then the land will be sold with that easement right

4. mere selling of the land does not extinguish the easement right

5. an easement right is necessary to enjoy one's property

6. if the buyer of your uncle obstructs your access through that property to your property then you can file a suit against such purchaser for a declaration of your easementary right over that property

7. you need not file any suit now. your cause of action to file a suit will arise only when your access is obstructed by the buyer of your uncle's property

8. if you want to avoid future hassles then you can also consider selling your plot to the buyer of your uncle, provided he is offering its fair market value to you

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

1.You shall have to file a case against your Uncle praying for enforcement of your easement right.

2. If you do not have any way to enter in to your land without using the land of your uncle, you shall be allowed easement right since you can not stay land locked.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. You need not sell your property being scarred that you shall be trapped to be land locked.

2. As per law, you shall have easement right to enter in to your land.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. You shall have the easement right to access to your land as per law.

2. You shall continue to have that easement right even if you sell your land later on to a third party.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. The time to be taken for disposing a case in India can not be predicted. You can take an ad-interim stay order restraining your Uncle in obstructing your access to your land and thereafter continue the case as long as you want.

2. It will not be a govt path/road unless it is used by other land owners/public also. If it is used by the public, then it will be recorded as road for public use in the records of the concerned Municipal corporation. You won't have to pay for your easement right.

3. You shall have to calculate your gain or loss in selling your said land to the buyer who is buying your Uncle's land and then decide accordingly. If you get a good price, then you might decide to sell it.

4. Whose financial position you are talking about? The buyer will certainly gain much if he can buy your land also since he will not to loose the land for your easement and also can build bigger and more financially viable construction thereupon.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

Sir your purchaser can claim the right over the way associated with the land as the land is sold with a the title and rights the purchaser can go to court and claim the way.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You cannot enjoy your property without access to road or without pathway for ingress and egress.

You can see from the property documents about this road access or easement rights.

If you dont find any clue to it then you may file a suit for easement rights by necessity.

You can even get an injunction against him which will be valid till the disposal of the main suit.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

It's in Tamil Nadu, India near Chennai( Rural property). Will I be trapped if we don't sell this property along with them ?? We don't want to sell. He is forcing us to sell , because we don't have direct access to our property.

Dont worry, you need sell the property, you an file a suit for easement rights and put pressure on him to arrive at an amicable solution.

You can even give him an offer to bu his land to the extent that you want to utilize it for your access or pathway.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

We access our property using his property . Now he wants to sell. Let's say after suit I gained access. What does access means ??

Access means way to road and back to the property, which is also called as pathway.

Can I sell my property using that suit later ? That time if the uncles property buyer is doing farming , how can I sell mine using suit ?

You try to solve the current issue and do not stretch your imagination to an event that may or may not occur in the future.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

1) How long it will take for winning easement case ?

It will generally take at least three years or more for disposal.

2) Let's say it takes 20 cents for my uncle/buyer for providing me the way through easement. Do I need to pay for 20 cents ? Will that path/road goes to govt ??

If you wish to purchase the pathway then you may have to purchase the entire pathway.

Is that 20 censt loss for my uncle/buyer ?

He will be selling it to you, if you are willing to buy it.

3) Getting easement a pain process ?? Instaed selling property wise ??

It is your decision.

4) How will it impact my financials for easement ??

You are a better judge of your financial situations.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

I'm going to sell my property to real estate , however my uncle has paddy crop right now . How the easement act work in this case so that I can sell mine? However he is not ready to sell his property.

Your buyer will not buy the property if you are not giving him access the property from road.

How can you expect him to gain access to hi property when there is no passage at all?

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

You are entitled for right of passage to reach your land.

You need to check your title deed and also your uncles title deed.

i am sure you get a certified copy of your uncle's title deed from sub-registrar office.

if the right of passage to your land is mentioned in both the title deed then he cannot deny you the right of passage.

also , if the right of passage has been existing for last 12 years, then it cannot be withdrawn now by your uncle.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

You can access your land through the paddy crop field belonging to your uncle

Not necessary that your uncle sell his land

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

You may sell your property. Easement comes in operation when there is problem of access.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

If your uncle is not ready to provide your pathway you can file suit for is meant by necessity under section 13 of the Indian easement Act 1882.

You should also file an application for interim relief and mandatory and permanent injunction along with your suit.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

You would not be trapped if you do not sell your property along with your uncle as easement is your right you cannot be made to sell your property under duress due to such reasons.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B.

You can definitely sell your property later using the court orders and the subsequent buyer would also have the rights to easement in the said property.

Even if your uncle sells the property to any real estate agent and he cuts plots, then also your right to easement cannot be infringed upon.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

1. Easement suit would take years to be disposed off but you can get interim relief in the meanwhile.

2. You would not have to pay for any easement rights to your uncle. Legally, York uncle would continue to be in possession of the property as well as would be the legal owner but certain rights would be given to you to use the passage.

3. It's not that difficult and in your case you have a good prima facie case as you do not have any Passage to enter your property and the law protects you.

4. You have to bear legal expenses as well as pay Court fee for the suit filed by you if you want to file a case in Civil Court.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

You can sell your property any real estate agent in your uncle would have to give you a passage from his paddy crops to you, or the buyer who buys this property.

It would not be mandatory for your uncle to sell the property.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

You are having the right to ingress or outgress your land as per law irrespective of whether your wants to sell his land or not.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

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