passage is for access to all plot owners
2) you can sell your piece of back side property along with the right to use the common passage without rendering any exclusivity on it
3) it should be provided free of cost
Selling common passage
Ancestral property of 21 cents was divided equally among 3 of us. Plot-A is on the main road, plot-B is behind plot-A and then plot-C. A common passage of 3 metre is provided on one side of plot-A and B ending at plot-C, this provides access to plot-B and Plot-C. Plot A has direct access to main road and this plot has now been also sold to a third party. Now we wish to sell plot- B and C along with the common passage to a single party. The passage by the side of plot-B can now be part of the usable land and the passage by the side of plot-A is still to be maintained to provide access to the combined plots. The prospective buyer is not willing to pay for this part of passage by the side of plot-A. He claims that this is required for access and has to be provided free of cost. Is this argument correct? Do we have to abide by this..?
Asked 2 years ago in Property Law
Religion: Hindu
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8 Answers
Passage being the only source to have access cannot be sold nor can be purchased in the light of easements rights available to the owners of plot B and plot C. Without passage plot B and plot C cannot be enjoyed. So you have to provide passage to purchasers of plot B and plot C and thus, your demand of price for passage is not reasonable nor is justified. It is you who has to provide passage to prospective buyer.
As the owner of plot A or B or C, all are having title to their plots alone which is in exclusion of the common passage.
The common passage is not part of the property for the purpose of calculation of property value, but it is a part of the easement rights to the owner.
Therefore the common passage cannot be sold as separate property or can be included as an additional value to the existing property , that will go along with the sale of existing property at free of cost alone.
A detailed sketch of the layout of plots A, B and C has to be examined to give you proper advice. However, based on the facts presented by you, if the owner of the Plot-A has direct access to the main road, he cannot insist on further access through the Plots B and C. Again, the partition deed among the plot owners A, B and C also needs to be perused to see if the Plot-A owner was also entitled to any pathway right over the common passage running through the plots B and C in it to arrive at any conclusion.
- As per rule , you cannot sell the common area/passage , as it is not a part of the allotted property , and specially when this land is not given you through the partition.
- Hence, you can charge him for only the area which is mentioned in the partition deed or which is given you through the family settlement deed.
It can be only file by consent of all legal heirs in the same
1. Yes, the said logic is valid.
2. You can not sell the area/land which is/will be used as a common passage.
If the passage by the side of plot-A is necessary for access to the combined plots of B and C, it is possible that the prospective buyer's argument has some merit. Access rights and easements are legal concepts that govern the right to use someone else's property for access. The specific terms and conditions regarding access and any associated costs should ideally be addressed in a legal agreement or contract between the parties involved.
To obtain accurate and specific advice for your situation, it would be advisable to consult with a local property lawyer who can review the relevant laws and regulations in your jurisdiction and provide guidance based on your specific circumstances. They will be able to advise you on the legal requirements regarding access, as well as negotiate and draft appropriate agreements to protect your interests.
