Path dispute
samuel
(Querist) 06 January 2012
This query is : Resolved
My father purchased 48.4 cents of land, 24 cent in my name and the remaining in my brother's name. It is rectangle in shape. It has access to one road 36 feet wide in one of its side and another road 10 feet wide in the opposite side. The portion of the land that has access to both roads is purchased in my brother's name. In the document for the land purchased for me, there is a statement that I have right for ingress and egress to my property through both of these roads. If I should access any of these roads the only way is through my brothers property. But the width of the path for ingress and egress is not mentioned. There is also a statement in the document that states sold for Rs 1,68,100/- market value Rs 1,77,825/-. value of the property including value of right to path of Rs 100/- is Rs 1,77,825/-. I would like to know the following things.
1. How much width of path in my brother's property I have right to utilize for ingress and egress to the two roads?
2. Is it also utilizable by my brother or can I fence the path alongwith my property?
Sankaranarayanan
(Expert) 06 January 2012
This is come under easement act and if the path for u to reach main road then it is common for u and ur brother too
samuel
(Querist) 13 January 2012
Sir,
The most important thing I want to know is the following.
1. Legally, how much wide path I have right to claim to access my plot from the 36 feet road.
2. Legally, how much wide path I have right to claim to access my plot from the 10 feet road.
Thank you for your help.
Raj Kumar Makkad
(Expert) 15 January 2012
There is no such law in force. It depends upon the understanding and situation.
