Regarding challenge to ownership right
Hi, I have agricultural land owned by me alongwith my brother in common ownership. My another neighbor who has a land on the other side of my land. He want to lay a water pipe line for the purpose of irrigating his land. He ask me to lay the pipeline. I wanna allow him on the condition of withdrawing a water from the same for my land retaining a water point in my land for the irrigation purpose. I am unaware about civil law complications. 1. What is the challege to my ownership right ? 2.what right the person can claim after pipe laid? 3. How can I allow him by safeguarding my right ? 4. What is the process of law under which I can force him to dismantle the pipeline If I want any timeline ?pl guide me in detail.
Asked in Civil Law from Udhampur, Jammu and Kashmir
1) You can enter into written agreement with your neighbour that in respect of water pipeline laid down on your land one outlet shall be provided for your use
2) that in case any damage is caused to pipeline the costs for replacement shall be borne by neighbour
3) in case any disputes shall arise between you and your neighbour shall be referred to sole arbitrator appointed by you
4your neighbour has easmentary rights for granting access to property for the purpose of maintaining or repairing water lines and meter
1. Allowing your neighbour to lay a pipe on/under your land does not oust your ownership but it creates easement by prescription in his favour. If tomorrow you were to remove his pipeline then he can file a suit for injunction against you.
2. You cannot bind him to dismantle the pipeline.
he can claim easement right in the property on the basis of your permission. you should prepare a deed and undertaking from that person that he shall not claim any right in/over the land in future, and this permission is only gratuitous.