About Easement in Gujarat
Querist :
Anonymous
(Querist) 09 April 2010
This query is : Resolved
Dear Sir,
We had bought Agriculture land in 1990 and since then we are using our adjoining farm's border as a way to get inside. There has been no problem till now and nobody objected it. But suddenly there is some price rise there and that adjoining one is trying to stop us from entering it fearing he will lose that much land by giving us way. He argues that we should have other way, as there is nothing mentioned in tippan or survey records or any other base. We tried to get very old records thinking that might have some note about actual way but they are all destroyed as per registrar. So officially there is no record of our way. Also there are other neighboring farms but they are not willing to co-operate. What is the best way for us to move forward?? Please help.
Raj Kumar Makkad
(Expert) 10 April 2010
In you case, you should move to the civil court filing civil suit for mutual transfer of the path/way. First you identify the shortest way to join in the main road and then you identify which part of your land adjoining to the neighbour landowner can be exchanged by you with him. Then get the site plan thereon prepared and file it in your case.
Court shall give notice to the other party and shall also invite its objections and keeping in view natural justice shall allow the mutual transfer of land.
Querist :
Anonymous
(Querist) 10 April 2010
Thank you Sir, by exchange of the land i understand that we have to provide him a same area of land from our farm, in lieu of the land provided by him for our way?
