Dear Client,
This depends who is owner of that land. this land can be constructed/fenced by owner any time or if govt land than also same problem subsist. Not good deal.
I am buying a plot but in front of my plot approx 30 ft by 40 ft banjar land to reach the road
I am buying a plot but in front of my plot approx 30feet by 40 feet Banjar land to reach the road To reach road I have to cross this Banjar , would like to know weather I should buy this land or not . This Banjar land is the only land between my plot and nh56 road . Currently this land is under the boundary of my plot kindly suggest.
Asked 7 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
8 Answers
1) you should buy this land to get unhindered access to your plot
2) in event third party buys plot they may deny you right of access and you would need court orders to access your plot from said banjar land
Dear Sir,
In your sale deed get mention that Banjar is being used by Vendor for the last 40 to 50 years and he is having easementary rights over it. The boundary of your plot must be shown so that the Banjar land includes within your property.
After purchasing said land. you can apply to the High Court under the PROPERTY LAW ACT 1952 for an order giving you an access right over a neighbour's property.
Your application must be made to the High Court. Immediately after filing your application, you must serve a copy of it on the local authority for your area.
See if there is continuous possession of this banjar land with the owner of land for more then 30 years and he has been using same to access the road then there is easement associated to road and you can go ahead and purchase the plot.
Further if there is no other way then you should avoid purchasing it, as for the way then you have to go to court and it can be time taking process.
Of course you have to purchase the plot to get access to the road in case somebody is holding its title. If the land If the land is coming in gram sabha then you have to speak to gram pradhan in this regard
You should ascertain road access from this plot from the vendor.
If there's no road access from this plot then there's no use of buying this plot.
The banjar lands may not be purchaseable owing to its nature.
Without having pathway to access the road it is not advisable to purchase the property.
You may obtain a proper legal opinion from a local lawyer and proceed only when recommended.
1. FIRSTLY verify the status of the owner of the his banjar land from the Tahsil office and seek his NOC, before purchasing the land.
