The land which you want is not a public land. It is a private land and the owner doesn't want to sell it. Rather an agreement has been made. That agreement holds no value unless it is registered before a registrar and rights and obligations of the owner and tge legal heirs are clearly stated because the owner may withdraw consent to use his land and then you can have a big problem.
Purchasing a land from neighbor for pathway to the main connecting road
Dear All, I am from Telangana, I am in a plan to purchase some agriculture land in my home town. There is some minor issue with the land in terms of road connectivity from the seller's land to nearest road edge. The only option to fix this is to accommodate some land portion from neighbours land which can fill the connecting gap. Let us assume person 'A' is selling the land to me and person 'B' is the owner of the neighbour's site. In order to resolve the road passage issue , my seller requested neighbour B to sell a portion of his land as per running market value . Neighbour is happy to accommodate the requested portion as it also benefits for him to connect his own land with 2nd alternate route, however Neighbour B don't want to give the land in the mode of sale transaction which would give full possession rights to seller A to occupy the land, because he only wants both parties to enjoy it as as pathway and in future it should not fall into unexpected issues because of the transfer of ownership on the requested portion to seller A . Hence Neighbor B agreed for mutual agreement with a written document included with details of the amount he received and on what purpose the land he is allotted for both parties . Now my concern here as a buyer of Land from Seller A , what is the best way to get the pathway land portion accommodated in perfect legal terms so that it would not violate any terms by any parties from both sides in future or even future owners of two sides can be used that specific land for only pathway purpose.
Asked 3 years ago in Civil Law
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7 Answers
Registered agreement can be entered into between A and B wherein it is provided that x amount is received as consideration and that A and his successors in title would be entitled to right of way over B land
Dear Client,
As per the facts which have been provided, registered agreement should be made between A and B.
Thank You.
The agreement should clearly specify that both the neighbour B and you shall have equal rights to use the bit of land as a common pathway, none of you shall claim exclusive right of possession and enjoyment, none of you shall block the common pathway, none of you shall restrain the other in future from using it, apart from the amount of consideration to be payable by you for the purpose. Better to annex a field map or sketch showing the survey nos., boundaries and extent of the land parcel to be used as a common pathway.
You can enter into a mutual agreement with the land owner B permitting to use the said portion of land for the purpose of pathway alone and this do not corner the title to the buyer in any manner except with the rights to use this pathway for ingress and egress purpose alone.
This agreement between both can be reduced to writing in a registered deed so that the rights of the seller B is also not affected in any manner nor the purchaser will lose his rights to use this pathway for the purpose of his access to road, i.e., ingress and egress.
Simple, A can pay the consideration to B for the value of the land and B inturn execute a gift deed infavour of gram panchayat or municipality as the case may be declaring the passage as public road so that it will be useful for all
Or
A can pay the consideration to B for the value of the land and B can execute the sale deed in favour of A with the specific understanding that the land conveyed should be used as a road forever by both A & B or their successors
If it's a land of self acquired then you can buy the same e directly with sale or easement rights
