You should ask the owner to register the document wherein the access way is demarcated and therefore there is ni dispute regarding the access road in the future.
Buying property fear of land locked have temporary road
I am planning to buy residential property (2000sqft.) to build a home in a village (Panchayat) within dist.-Varanasi, UP. The land has been partitioned between family and the owner (one brother) looks fine on the document based on the partition deed. And there is a 10-12 ft road built to access this land however it is not a formal road, more so are family understanding after the family settlement 4-5 years back. This is the only way to access the plot from the village road. There are more agricultural lands after the plot I am interested in, of people outside the family. Now I am concerned about what if someone later days comes and says we will not give access to me or create some obstacle on half of the road. What should I do to keep my interests safeguarded (easy and straightforward way) document-wise?
Asked 2 years ago in Property Law
Religion: Hindu
6 Answers
In sale deed it should be mentioned that you have easmentary right to access your land through the 12 feet road
2) further agreement between family and owner should be executed regarding access to land through road
3) village maps should mention about access road
Hi, it is better you can take a consent from the all the family members and you must including them in the Sale Deed as a consenting witness so that they will not abstract you in future for the Road.
You can seek easement right at that time
The right of pathway access has to be clearly mentioned in the sale deed itself. Otherwise, you cannot claim it as a matter of right later on.
In the registered sale deed you ask the seller to make a mention about the rights of the buyer in the existing road access common passage, which would ensure you the rights to use the same without any hindrance or hurdle fro other users.
