• Access to property

Dear All,

I'm currently constructing a house in Chennai. My plot abuts public street in the front and back side of the plot. My door number is registered under the front street. I've got my plan approved from Chennai Corporation with entrance/access to car garage at back side street and main entrance at front street. Before I bought this plot the previous owner had kept a small wicket gate at the back street and main gate at the front street. The back street area adjacent to the plot was used by neighboring residents of that street for parking their cars earlier. Now, since i'm constructing a gate in the back street, the back street residents are raising objection saying my plot belongs/registered only under front street and I shouldn't access through the back street. Kindly advise if they have a legally valid point. Since my construction is in final phase, i'm not sure if I should change my plans. Request your opinion on the above situation/issue.

Thanks
Asked 3 months ago in Property Law from Singapore
Religion: Hindu
Your plans have been approved by muncipal corporation and you have been permitted to use the back street gate for accessing your garage on your plot for parking of your car 

2) your neighbours cannot restrain you from constructing hate on the back street of your plot 

3) yiu need not change your plans 
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
Hello,
1)    if you have a plan approved by the Chennai Corporation with entrance/access to car garage at back  street and main entrance at front street, you must proceed with the plan and construction disregarding the objections raised.

2) You are not doing anything illegal and besides your operation is within limits of your property with requisite approval from the Corporation and therefore they do not have any legally viable objection. Should they have any objection let them take recourse to legal remedies available.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
no, they have not any legal right as the corporation approved your construction plan.

Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
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1. There is no denying the fact that your plot has been registered giving the no. of the front street,

2. It is a fact that plots/properties are numbered by Municipal Corporations allocating a number of the front street and not giving a number of the back street,

3. However, the ever fact never meant that you shall have to enter in to your house/plot through your front door only and not through your back door,

4. You can approach/enter your plot/house from both the front road and also the back road legally.
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
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The map of the property and the original sale deed would reveal whether you have the title to the back gate or not. It is basic law that nobody can transfer a title better than his own title. If the previous owner did not possess title to the back gate he could not have given it to you. Consult a lawyer with a copy of the sale deed and the map of the property. You may continue the construction until such time that a civil court orders injunction.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1) you are at Liberty to have access to your garage on your  plot from the back gate 

2) you cannot be forced to have access only through the front gate 

3)it is your land and you have all the approvals in place from the muncipal corporation 
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
1. You can approach your property from both the sides of your said  property legally,

2. No act prevents you from entering in to your property from any side you wish to if there is a way for such entering.
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
5.0 on 5.0
My opinion is that you cannot be restrained from installing a gate at the front or back of your property as long as you do so inside your land. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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