• Access road to agricultural plot

We are in the process of buying an agricultural plot of around 3acres in Murbad district of Maharashtra. The problem is that the plot is surrounded by other plots on three sides and a stream on the 4th side. The surrounding plots are all owned by a single family. The distance from the village road to our plot is around 40mt which for which we have to go via the neighbours plot. We contacted the neighbour and though he is agreeing to let us use that section of the land as access for now, he is giving no assurance of the future. What is the legal way by which we can have easement rights for an access road enough to let a tractor or van to pass through?
Thanks.
Asked 5 years ago in Property Law
Religion: Hindu

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19 Answers

You have to file suit claiming easmentary rights as there is no other access to your land 

 

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) under section 35 of easement act you can obtain permanent injunction restraining your neighbour from obstructing your right of passage . pending hearing and final disposal of suit you can claim interim reliefs .

Ajay Sethi
Advocate, Mumbai
100065 Answers
8171 Consultations

1. Check whether the neighbors land was used by previous owners as access road to reach this land or not. 

2. If yes then you have acquired easementary rights of pathway on their land and this can never be relinquished. 

3. If obstructed then you should file a suit for declaration and injunction. 

4. Otherwise purchaser from them a portion of the land. 

Devajyoti Barman
Advocate, Kolkata
23663 Answers
538 Consultations

Either you buy land for particular road by mutual understanding or make such agreement that he can also use your land in way of path from his land north side to go south side  or from East to West site as your land is in middle so by this way you can have talk with him and do not make any litigation in the property.

 

Another is to fight as per Easement Act, then this is long procedure, time, money and a cross relationship with neighbor.

 

The choice is yours.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can have easement right only through court in this matter if he disallows you the passage

Prashant Nayak
Advocate, Mumbai
34733 Answers
250 Consultations

The same thing your asking again what he said above in the first para, to buy 10 - 20 ft road till main road land from neighbor and show in your layout in this sale deed. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

It is not merely for walking but should be sufficient to enable you to take your vehicle across 

 

2) neighbour would not agree to be confirming party to sale deed 

 

3) enter into separate agreement with him for easmentary rights 

Ajay Sethi
Advocate, Mumbai
100065 Answers
8171 Consultations

Dear Sir/Madam,

You are suggested to get the settlement done in writing with the said land owner. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

I have already advised . It's your choice whether to explore it or waste further time. 

Devajyoti Barman
Advocate, Kolkata
23663 Answers
538 Consultations

Easement right dose not arise with the purchase of land, it has to be preexisting. In this case you have to purchase the share from neighbours land for free and exclusive right to pass for road. This is only conclusive way.

Showing road in map of sale deed dose not make any difference until he himself execute separate agreement with you and seller that there is a preexisting easmentery right to access your land. Mention width and length of road than you can show road in sale deed and he agrees to be witness in sale deed. 

But separate agreement is necessary.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

you clearly have an easementary right over the neighbour's plot

if your neigbour at any time disturbs your easement right or threatens to disturb such right then you can file a suit against him u/s 33 for damages and u/s 35 for injunction, of the Indian Easements Act, 1882

Yusuf Rampurawala
Advocate, Mumbai
7933 Answers
79 Consultations

1. Without "consideration amount or settlement amount", adding any party for "Right of Passage", is futuristically invalid and such clause can be rescinded by opposite party on grounds of "No Consideration" and evasion of Stamp Duty on the no consideration for right of passage.

2. A "Settlement Deed" needs to be executed & duly registered with the person who would provide you right of passage of minimum 3 meters, with proper one time consideration amount, with clauses of right to damages & compensation at his hands and at his legal heirs, on any future denial of right of passage. This Deed will be legally enforceable in Court, during times of dispute.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

- Since, the said agriculture land is surrounded by other plots , then legally you cannot force the other owners of an agriculture land legally , or under the easement Act. 

- However , you can enter into an agreement with other owners for the same , and registered from the office of the Registrar. 

Mohammed Shahzad
Advocate, Delhi
15875 Answers
243 Consultations

You should ask your vendor to provide access to road before buying the property.

Why should you ask the neighbor to allot space for your moments.

If your vendor is not having any facility for easement rights then you cannot claim the rights.

You can ask your vendor to provide the way for road access or else cancel the purchase of property, because you may have to run between courts and home with regard to this filing a suit for easement rights, which may may or may not be in your favor.

 

T Kalaiselvan
Advocate, Vellore
90268 Answers
2510 Consultations

There is no guarantee to get the property of the neighbor even if he signs as a confirmation party to the sale deed.

This will become a permanent dispute especially after the lifetime of the neighbor,\

You cannot enjoy the property peacefully until and unless you arrive at an arrangement with the neighbor to sell a portion of his property by a registered deed.

You may talk to the vendor and arrive at an amicable solution to this otherwise don't buy the property which is indicating dispute at this stage itself.

Note you cannot claim for tractor access as easement rights.

 

 

T Kalaiselvan
Advocate, Vellore
90268 Answers
2510 Consultations

You have to file a civil suit before Court for injunction restraining the neighbour from causing any obstruction or from altering the nature and lie of the pathway.

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

You have to have a way to reach the property. How can there be no way. Anyways either file application for this before the tehsildar or ask the owner to part with some of the land.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You should approach the tehsildar.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. It is good that your neighbour is allowing you a path through his land to access nearest road.

2. In case if he deny access to road from his land in future then you can file a suit for permanent injunction against your neighbour Under Indian easement act to restrain him from blocking your path.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have a right to access as a matter of easement right impliedly when there is no way to get passed but to use the neighbour way.
  2. I would like to apprise you that there cannot be a way to pass permission, but not the tractor when there is a space for the same.
  3. Yes, you can make him partial party in the sale deed for securing his non changing statement in the future.
  4. Or otherwise, eventually, you have an option to approach the civil court of law for easement rights impliedly.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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