• Path to my property

I am purchasing a path(10 ft by 160 ft) which lead to my property costing me 10L . I have paid 5L in cash and made an agreement & final agreement will be made after final payment. I thought I will get my money in future from those who needs the path to reach their property. Seller of the path said he will use the path in exchange of land at the backyard of my property. I am fearing that the path might become public. What are the legal measures I should take to prevent this?. I am ready to allow the path to be used by others if I recover the amount I invested. What are the steps that can keep
this path private, and can be used by others if they make an agreement with me and not by bypassing me.
Asked 6 years ago in Property Law
Religion: Hindu

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16 Answers

There may an easement right attached to the path in following conditions.

If the path is  the only way for ingress and outgress to any other adjacent land or essential for beneficial enjoyment of the dominant owner or of other adjacent land.

Subject to above you can protect this land as private. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Your neighbours can use the path way if there is no other access to tnrir property 

 

2) they can claim easmentary right of necessity as there is other access to their land 

 

3) if you refuse to grant access they can obtain Court orders in this regard 

 

4) you cannot demand money for using your pathway 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See if there is no other way for other neighbouring land owners they can claim right of easement over the way.

Further if you deny they can file suit for same.

To protect you can fence the side and install a gate on the way.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

As you are making arrangement to purchase this path so you have to make the arrangement to control the access apart as per the agreement entered between you and the landlord clearly defining the rights of use by both the parties and at the same time writer of the user uh should also be defined that she will not be able to sell it again and he will have to only right use with certain conditions increase the access is required by the other people then the selling right to the access will be dependent will only be your right you will have control on the access of the area and you can put reasonable control over access

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Yes if it's a private path you can  make agreement and decide who can use it or not

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

In future they will claim easement under indian easement act 1882.An easement is a privilege, without which the owner of one tenement has a right to enjoy in respect of that tenement in or over the tenement of another person, by reason where of the latter is obliged to suffer or refrain from doing something on his own tenement for the advantage of the former.

A right of way is a right to pass over the soil of another person uninterruptedly. Rights of way do not fall under the denomination of natural rights. They are discontinuous easement, and may be acquired in the same way as the other easements are acquired.

The following six characteristics are essential for an easement-

(a) There must be a dominant and survient tenement

(b) An easement must accommodate the dominant tenement

(c) The rights of easement must be possessed for the beneficial enjoyment of the dominant tenement.

(d) Dominant and servient owners must be different persons.

(e) The right should entitle the dominant owners to do and continue to do something or to prevent and continue to prevent something being done, in or upon, or in respect of, the servient tenement; and

(f) The something must be of a certain or well defined character and be capable of forming the subject matter of a grant.

It forms a part of right of way is an affirmative easement – It entitles the owner of a right to do a certain act and to continue to do it, namely pass over the land of the servient owner. From this point of view it is called a positive easement. But a right of way also prevents the servient owner from building of his land, or doing any other act in the enjoyment of his proprietary rights on the land, which would interfere with the right of way. In fact, every right of easement imposes on the servient owner a restrictive use and enjoyment of his own land by him so that it may not interfere with the enjoyment of the right of easement by the dominant owner. Easements are classified into positive or negative according to the predominating factor of the particular exercised.

 

So better to restrict the path way or only allow to ingress and egress top their land not a vehicular access.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You cannot keep a path private if it is the only way by which others can reach their  Because it's their right to easement of path

If other land owners have their separate access to land then why would they use or purchase rights from your path.  

Even if you don't have another way to your land You can claim the path as your right to easement under easement act. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Once sold, right to path exits. Cannot be demanded back. First you need to do is to install gate and lock on path, so cannot be made public. If it is already under public use than don`t purchase, will loose your money. 

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

The pathway you are trying to purchase should be bought by a registered sale deed with exclusive rights to use lying on you alone.

You make the recitals in the sale deed in such a way that the exclusive rights in the pathway remains only on you after the registration of the sale deed and no one can interfere in this.

Once you acquire the clear and marketable title to the said pathway, you can decide about letting out the pathway on lease or selling a portion of it to any common user.

But be aware that if that is the existing ingress and egress  and approach to road to others, then they may file a suit for easement rights.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

If you  are buying the pathway by a registered sale deed, then only you have the rights over the said pathway.

Therefore you can very well dictate the terms to the seller on this and can get the agreement between you both recited as per what you have mentioned here in the registered sale deed he would be executing to you.

If he do not agree to the conditions imposed by you then you may call off the proposal to buy the property.

Considering the loss he is likely to incur, the seller may agree to your proposed conditions.

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

They can only try to get some access through easement rights in the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

If seller  sells land to third party he would claim easmentary right of necessity if there is no access to his land 

 

2) you can enter into agreement with the purchaser for use of pathway to access his land 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See you can prepare a sale deed with seller and there can be clause in same that the seller may use path with consent of the buyer though he has no right to transfer these right or easement of way.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can give him right to path on condition that only he can use the land for path and such right will not be transferable and will extinguish by your wish or sale to third person.

10L in exchange of Land -- There can be no exchange but only though register sale deed. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Easement is a right which the owner of certain land possesses as such for the benificial enjoyment of that land to use certain other land not his own. 

Third party shall acquire such right instantly on purchase of the land in question. No permission from you shall be required to be obtained by him.

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Dear Sir

A right of way is a type of easement that allows a person to pass through another's land. Typically, a right of way easement is a roadway or pathway for travel through another's property that benefits a particular person or benefits another parcel of land.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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