• Way to access the agriculture property

Hello all,

I am planning to purchase the agriculture land which is dry land . the current owner has not grown anything for till now. i am planning it for the agriculture purpose and the problem is there is no road to this land and i have to cross over another persons land, which he says he does not give any road access to this land and he also have not grown anything. so my question is if purchase this land how do i get the way to access my land, if i had to take tractor or any four wheeler. what are the options i have here legally.
Asked 9 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
When you do not have any access to your land you can use another person's property to access your land. This is called easement. So if you purchase the land, and the owner of the land whose land you are required to use as a pathway to access your land stops you from using his land, you can file a suit for injunction against him to restrain him from obstructing your right of way.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
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Hi, you can claim elementary right of Road but for claiming that right you have to run pillar to post and post to pillar in court.

2. It is better you can avoid in purchasing these kind of the property.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) the current owner can claim easmentary right of necessity to access land if there is no other access avaiabke 

2) if neighbour refuses to give access current owner has to move court under section 15of easment act and claim easmentary right of necessity 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1. None.
2. The court will issue summons to him to contest your case. The court will decide the case subject to its backlog.
3. The owner will be liable to be jailed for contempt of court if he does not obey the court order.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
1) don't purchase the property if you are not getting right of access 

2) it may take a month or so to get interim order 

3) for suit to be decided it  may take some years 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Hi
Being an agricultural land, as per prevailing laws, all of agricultural lands should have an access to the agricultural land or  atleast a right of passage (easement rights) to the agricultural land. As per  information given by you, i am afraid that someone somewhere is consciously hiding this vital piece of information so as to dissuade you from buying that particular piece of property.  

 Before you buy, we advise you to check the Record of Rights, Tenancy and Crop Inspection (RTC) at Village revenue officer  or at Mandal Revenue office and ask whether there are any passage rights to the property.
 
In almost 99.5% of the cases, the village revenue officer or the Mandal Revenue officer will have accurate land records as old as 100 years and they will tell you exactly on what is the right of passage to that particular property. they might also tell you how the right of passage or easement right might have been destroyed if the properties (the agricultural land you intend to buy and neighbour's property) had changed hands over the period of time. 

Based on your findings from RTC, we can find about the easementry right and file a suit in the court. 

if our claim is that right of passage existed previously and now being denied to you, then you can claim for easement rights by  prescription .To prove easement rights by prescription we should prove that easement rights existed (as per village records) for at least 20 years prior to its denial. 

Even assuming that there were no passage of rights to your proposed agricultural land, you can also can file a suit under Indian Easement Act against the neighbours and ask for right of passage through a Grant. 

For your information purpose a grant is given by an agreement executed by a grantor in favour of a grantee for a consideration that will be decided by the court. The grant becomes effective when the grantee has the right to enter upon the grantor's land.


Hope this helps.
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
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I am planning to purchase the agriculture land which is dry land . the current owner has not grown anything for till now. i am planning it for the agriculture purpose and the problem is there is no road to this land and i have to cross over another persons land, which he says he does not give any road access to this land and he also have not grown anything. so my question is if purchase this land how do i get the way to access my land, if i had to take tractor or any four wheeler. what are the options i have here legally.

You have to confirm from the original title link documents about the access of pathway to the landed property proposed to purchase.  There has to be some way in or out, it cannot be said that there cannot be any way.  If there is no way then what makes you so much interested in purchasing the property which cannot be accessed?
You have found this problem even before purchase, so why dont you ask the vendor to provide the official rights to access to the property, if he is not having any answer then the property shall not be purchased by anyone.  There has to be some solution to this, you may approach the revenue department and verify the land records pertaining to this property and find out if this property is really not having accessing facility and then decide about buying it.  
T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
5.0 on 5.0
1.what are the other options available?
First verify if this property can be purchased which is not having provisions for access.

2.How long it take to get this easmentary right from the court?
Whether it is eligible for easementary rights?


3.what are the i need to take for the same?
First take legal opinion from a lawyer about this and then decide about procuring the relevant documents


4.what if the other owner dosen't give the access at any cost?
Do not venture into purchase because you will land up to litigation till the end and may not be able to utilise the property for the purpose of purchase.

T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
5.0 on 5.0

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