I’d it’s not mentioned in rtc then it’s not a formal path. You need to ensure through rti
Foot walk path ( Kalu Dari) and Bandi Dari ( Bullock Cart)
We have purchased a 3-gunta agricultural land in Uttara Kannada district, Karnataka. (For our district, 3 gunta is the minimum required area for agricultural land.) In a total area of 6 acres and 11 guntas, 52 plots of 3 gunta each have been created. A 9-meter-wide road has been left and handed over to the Gram Panchayat. Our plan is to convert the 3-gunta land to non-agricultural (NA) status and obtain single-plot layout approval from the Gram Panchayat. Our concern is about the presence of a Kalu Dari (walking path) or Bandi Dari (cart track). There is an informal walking path that passes through the layout, and a portion of it crosses our 3-gunta plot. This walking path connects two parallel wider roads on opposite sides of the layout. However, no such walking path is shown in the RTC, Akarabandi, or village map. Additionally, in the layout, a new 9-meter-wide road has been created as an alternative route connecting the two parallel roads. This new road has been in use for the last two years, and the informal path is no longer being used, as it is blocked by the layout. Since there is no formal road or path mentioned in the RTC, Akarabandi, or village map, and an alternative 9-meter road is available and functional, our local legal adviser has suggested that it is safe to proceed with the purchase. However, I would like to know: What other documents should I check to ensure there is no formal or legal walk path on our land? What potential issues might arise in the future regarding this informal path? What actions should I take to fully ensure that our land will not be affected by this informal walk path?
Asked 7 months ago in Property Law
Religion: Hindu
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4 Answers
1) your lawyer is correct as ease tart right of necessity cannot be claimed if there is any alternative road available
2) even if any villager claim easement Aru right he may not succeed
If there's no provision for easement rights provided in your registered sale deed and also if there's an alternative pathway provided in the layout, you may be liable to provide space for pathway or cart way also.
If someone files a suit you may challenge the same on merits on the basis of documentary evidences in your support.
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