Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Anand   27 March 2017

Property law

Hi, I have a land with no road access in my town. I am trying to get access to my plot from the road. The owner of the land in front of me is not willing to give way through his plot, he says that he will give way for 3 times the price prevailing in the area. Is it possible legally to get access for my plot? Can the owner ask very high price for way?
 



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 14 Replies


(Guest)

You should claim easement rights sir. 


(Guest)
Originally posted by : Anand
Hi, I have a land with no road access in my town. I am trying to get access to my plot from the road. The owner of the land in front of me is not willing to give way through his plot, he says that he will give way for 3 times the price prevailing in the area. Is it possible legally to get access for my plot? Can the owner ask very high price for way?
 


Did you not check before buying? Whether there is pathway to plot or not? Only options are, find one more bakra like you and sell it. Or just agree to whatever price the neighbour is willing to sell you as pathway and buy it.


(Guest)

Or file case in court of Law.  Now you will have to shake up entire mohalla.  How you dont have pathway to your plot is like this.

Neighbours encroached half feet, one feet little by little and ate up the pathway.  Now entire neighbourhood has to shaken up.  That take lot of time.  Just imagine you shaking up 10 to 15 owners who are already settled.  That way too costly affair.

 

Either buy the pathway or sell the plot to another bakra.


(Guest)

this is a legal forum. Kindly not give emotionally charged opinions to the querist. It is not right. To the querist i suggest if your plot does not have access to public road you may then first send a legal notice to the owner of the land obstructing your access and then further you may if in case the owner declines file a suit. You have a remedy under law so need to be disappointed. let the law take its course

1 Like

Kumar Doab (FIN)     27 March 2017

The query has also been discussed at:

https://www.lawyersclubindia.com/forum/Property-rule-for-plot-with-no-access-road-147582.asp

Kumar Doab (FIN)     27 March 2017

If neighbor is not owner of the land then how can he sell it?

Anand   28 March 2017

Thank you, sirs for your replies.

I have been given mixed suggestions by the people in my area regarding my right to go legally for access way. Some people say that it is the owner's decision to give access and there is no law stating access way should be provided. Is easement law applicable in my case? 
 
My plot and the neighbor's plot are land next to agriculture lands. With development in this area, these lands are not used for agriculture anymore. Previously all the owners of the agriculture land would walk though my plot and neighbors plot to their fields. The fields used to have walkway which is now blocked since some of the land were taken for road and some were sold. Now most of the sold plot are converted to residential plots. There are still several plots without road access. I dont believe that the whole land belongs to the person who claims its his but I cannot prove it. He used to have some land but now he claims the whole land. The village office in my area is corrupt and they favor this owner. There is a possibility that he has made fake documents for the remaining land. 

(Guest)

Sir,

Your problem will not get solved at this forum. We can only guide. To keep it simple, if you dont have access to your land then you can get the way through the land blocking your way to the public road. Now you are saying it is not his land, nevertheless it is in his possession. Doesnt make any difference. to carve the way you will have to approach the Court. What you should do is now approach a local lawyer and apprise him regarding your problem. Repetitive queries on this forum wont bring results. Do not take advice from people who lack legal accumen and kindly not site their opinions here unnecessarily. As put by Mr. Kumar  you have earlier also posted the same problem. 

Regards,

1 Like

Anand   29 March 2017

Thank you for your reply, sir. I did not intend to post the query again. My previous post had few of my questions answered but the question that I posted here was not answered. Thats the reason I posted a new topic. I visited this forum to get some guidance and I really appreciate the information you have provided. 

Kumar Doab (FIN)     29 March 2017

Mr. Rit Arora views are pragmatic.

Kumar Doab (FIN)     29 March 2017

You have posted that:

“I dont believe that the whole land belongs to the person who claims its his but I cannot prove it.”

The authority under whose jurisdiction property falls e.g; has full record who is owner of how much land and you may try to obtain the mutation records with all link documents and mother dcocument e.g; Shajra-e Aks.

These documents are enough proof.

If you are unable to resolve with help of your local personal resources: then approach Local counsel specializing in revenue matters and he/she can help you.

Or sell it as you bought it.

Preferably: Take full amount, and then only sign full and final receipt and sale deed.

1 Like

Anand   30 March 2017

Thank you, sir.

Kumar Doab (FIN)     30 March 2017

You are welcome.


(Guest)
Originally posted by : Adv Rit Arora
this is a legal forum. Kindly not give emotionally charged opinions to the querist. It is not right. To the querist i suggest if your plot does not have access to public road you may then first send a legal notice to the owner of the land obstructing your access and then further you may if in case the owner declines file a suit. You have a remedy under law so need to be disappointed. let the law take its course

What other way is left for the querist other than to approach court of law?  In the end court may just say, you try to settle matter amicably out of court.  Is it not? Then what wrong in suggesting that settle matter amicably or find new buyer for headache plot?  By the way you have also suggested the same, its easement case, and querist need to approach a advocate first, that he also knows.  Is it not??  What good did you do by simply showing way towards court?

 

People come here in order to find some other  way to solve the problem than just to approach court which will take years to solve case.  For Each problem the legal solution is aprroach court.  Thats all. That everybody knows.  What you need to understand is people come here with intention of getting advise which might solve the problem amicably, not to go court and keep roaming court and pay fees to lawyers like you and me.

 

If you are on the look out for cases you have your office, people will surely approach you if they have a case, is it not.  Forums like these are to help people, not to just push them nearer to courts.


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