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Ashwinkumar (NA)     07 March 2011

Common passage

Hi,

What are the rights of  the various owners/title holders (of adjacent property) with regards to common passage ?

How is common passage to be defined/registered with the corporation ?

There is a slightly extended sunshade over a common passage at a height of about 15ft, can one of owners ask for it to be demolished, claiming obstructuion to heavy vehicle access to his property?

Thanks



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     08 March 2011

everybody has esementary rights over the common passage.

K S Narayana Rao (District Registrar)     08 March 2011

right to walk, passage walk, right to light, right to air etc are common rights enjoyable by all in that peace of property.  if all are accepted to do particular work, or development then only it can be done in law these are grouped  under easement rights.

R.Ranganathan (Advocate)     10 March 2011

common passage marked in the schedule of property at the time of registration and as defined in the conveyance deed is common for all those persons in whose favour the conveyance deed has been executed as such. They have all the rights in the said common passage and can make claims commonly against third parties but as against each other, their rights are common and equal. No one can claim exclusive right over the said common passage.

Sri Vijayan.A (Legal Consultant)     29 July 2012

Coming to your question, "can one of owners ask for it to be demolished, claiming obstructuion to heavy vehicle access to his property?"

Definitely, the answer is YES. The Co-Owner can demand so, if his usability is disturbed.


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