Three years back i have bought 5.4 cents of land and as per the agreement we(Three house are their presently) have access to 12 feet road(Mud Road). Recently we have approached Panchayath for construction of a proper road - which requires the signature of all the owners of land (Total 9 plots are their with 8 owners) We got the signature from all but when approached to Panchayath member an advocate by profession had gone through the land agreement and disclosed to us that still the 12 Feet is in the name of previous owner who have sold the land to us and we have only the rights to use the Road and When approached the previous owner his statement is that" i don't have issues in constructing private road (by us) , but can't be given it to Panchayath. My concern is that - we are ready to construct the road by our own but in future will he have the right to block us or restrict the usage of way. (by reducing the size for 12 to lesser feet)-
Asked 3 years ago in Property Law from Thrissur, Kerala
1) ask previous owner to give in writing that he has no objection in carrying out resurfacing of the road .
2) you have easmentary right of way through the road to access your land .
3) previous owner cannot restrict right of access . in the vent he does so you can move the court in this regard and obtain injunction restraining owner from obstructing your right of way
1) By virtue of easement right you can continue to use the road and construct it with the permission of the owner of the land.
2) As the owner of the land he can create impediments especially if he has adjacent land where he might construct something in future.
3) As far as possible get an agreement registered between the owner of the road and the plot/house owners.
He don't posses adjacent land and while getting an agreement registered if he ask additional amount can i move against him legally.
Asked 3 years ago
1) you should have perused agreement before signing it .
2) you can obtain letter from seller that he has no objection to road being repaired . you dont need regd agreement . you already have sale deed wherein you are absolute owner of the land in your possession
3) for repairing road no consideration need to be paid to owner
1) For easement right you can move the court.
2) Alternately you can raise funds and buy the land from the owner.
Hi, Request the owner of the Road to relinquish his right in your favor or let him sold the land to your or all the house owners so that the question of asking his right does not aries.
2. But if he does not execute any documents then there may be a chances of blockage of the Road or creating problems.
1. As per the agreement, you already have right to use the said 12 ft mud road which you want to convert to better constructed road,
2. The said agreed terms can not be violated by him and your access to the said road be denied by the seller of the land,
3. He can not reduce the width of the road also which he had agreed to give you access to through an agreement.
1. What for he can ask for additional payment?
2. He has already agreed to give you access to the 12 ft mud road which is not being converted to better road,
3. If he restricts your said access, you can lodge a police comlaint against him,
4. You need not pay him any money just for converting the mud road to a better constructed road.
Your issue is not complex. It can be sorted out by entering into an agreement with the previous owner to allow you to construct and use the road.
If he seeks some amount then give it to him as the amount you will spend on engaging a lawyer is likely to be much higher than the amount sought by him.