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Gayatri (Na)     25 January 2014

Plot with no access to main road

I have 2 plots, 25 cent 18 cents. This was bought by my father as a joint venture with another person Mr. X. Mr X. also has a few plots in the area. Their original plan was to buy the whole area, fill up the land and sell it immediately together. Most of this area was previously agricultural land, not just my fathers and Mr.X but the surrounding areas. Now the surrounding areas were bought by real estate people and have built big flats. Its just our combined land that is still empty. Though the plan was to sell it jointly, Mr.X is delaying the selling process. Now it is more than 10 years and still not sold it. He keeps telling, he is waiting for the right price. Both plots of my father dont seem to have a proper way from the road, it is sandwiched between other plots. It has a walkway as with agricultural land, walkway is also mentioned in the deed. But few of Mr. X's plots has entrance from road. Since the plan was to sell as a large plot there is no fence for individual plots, only low lying boundary wall separating the plots. My father passed away and now the land is looked after by my mother. Since the land is without fence, some local people get into our plot. To stop that we plan to build fence, but Mr X. does not allow that saying when potential buyers come to see the land, walls here and there will take out the beauty of the property. We don't know when the plot will be sold and we also doubt if Mr. X is waiting to get our land from us at a low price.

I would like to know

Is there any law on building a fence along agricultural land?

Any law that the walkway can be expanded?

How to go about protecting the walkway thats mentioned in the deed? What if the walkway disappears one day after we build the wall and we cannot enter our plot?



Learning

 5 Replies

Dr J C Vashista (Advocate)     25 January 2014

No law is there/ required to buildg a fence along agricultural land as you are the owner and self responsible/autorised to secure it.

Easement Act provides for proper ingress and egress.

In order to protect the walkway thats mentioned in the deed have a dialoge /discssion/ settlement with Mr X and give alternative piece of land out of your share (if X desire so)

Adv Archana Deshmukh (Practicing Advocate)     25 January 2014

You can fence your plot & nobody can stop you. Walkways cannot be expanded by any law if they are convinient for the normal use. Walkways will have to be protected by using them continuously.

T. Kalaiselvan, Advocate (Advocate)     25 January 2014

I agree with Adv. Ms. Archana on the issue.  Please revisit the recital of your document and see the check boundaries mentioned therein in the schedule of property.  You may mark your boundaries by fixing stones in all corners or by erecting barbed wire fencing and secure your property but see what is written in the deed about the ingress and egress to the property and proceed accordingly.

Gayatri (Na)     26 January 2014

Thank you all for your replies. The walkway is mentioned in the deed. It isn't identified properly in the area. There is low lying stone boundary for plots and that's what we use currently as walkway. How to get the walkway identified, I don't need to expand the walkway, just get it identified so that we have access to our plot if a high wall is built for my neighbour.s plots after I build the fence for my plot. Please advise

Dr J C Vashista (Advocate)     27 January 2014

Get it  demarcated by the patwari/ revenue authorities. 


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