Upgrad LLM

fencing of agricultural land


Dear Sir/Madam,

My mother has ansisterial agricultural land of around 10 acres near NH4. The land is at the third place from highway. 1st land attached to highway is possessed by a person who doesnt belong to our family. The second land from highway is possessed by my younger aunty and during division of property nothing was mentioned about fencing of land. Now we are facing issue that my aunty has bought the small piece of land from the 1st landlord and thereafter has fenced her whole property due to which we now have no access to our agricultural land.

Relation between my aunty and our family are not healthy and i want to know according to land reform laws how to get the access legally to my land. Your suggestion on this matter will help me guiding me to go forward legally as my parents are old enough and i dont want to trouble them to involve in this matter much.

Thanks in advance.

 
Reply   
 
Retired Manager

A passage to agriculture land cannot be denied. You can file a case for restoration of the approach path to your Mother's agriculture land, enabling continuance of cultivation activity. You need to prove with Witnesses and village records  that there was ancient approach through the fields and there is no other approach to the fields owned by your Mother. You can also request Court  be to appoint a Commissioner to verify the facts and file report with the Court.

 
Reply   
 



Dear Client You first approach the Land surveyor and make appropriate measure and do fencing in the agricultural land. And if other party threatens make vedio recording and audio recording it is enough and you can file case in civil case Regarding.
 
Reply   
 
Retired employee.

The issue is beyond your capacity of handling.  Contact a local advocate.  If you are using the way for more than 30 years you have such easement right and explore the possibilities of getting back such rights through the legal process.

 
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Practising Advocate

Get the land surveyed basing on the surveyor reports you may fix the permanent boundaries using boulders and wired fence. If they obstruct  the survey file a suit for for all the reliefs.

Easements Act may come to your Rescue for the right of access to your Land.

In civil cases the parties are supposed to come to the court twice or thrice and not every time and all other stages your advocate will take care of the matter.

 
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