Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Anand   05 March 2017

Property rule for plot with no access road

Hi,

I have a land with no road access in my town. According to the deed, it is not agricultural land, but the back border of my plot shares boundary with an agriculture land owned by several owners. I am trying to get access to my plot through the front. If I get the a small piece around 1 cent in front of me, I will have access to road. The land in front of me is not a registered land but one of the neighboring owner claims it is their land and is trying to sell it to me for 3 times the price prevailing in the area. 

my concerns are
1. Since the land is not registered to anyone, do I have right to claim the portion in front of my plot like the neighboring owner did? The neighboring owner has a 10 cents of registered land in the area and has claimed a large portion of unregistered land in front of several registered lands including his own registered land and my registered land.
2. If it is not possible to claim, is there a rule to get access way to my plot?
3. If I decide to buy land to get road access to my plot, will I have to give access way to all the agriculture land behind me which also do not have access to road? If I have to give way, I will loose land along all my boundaries in addition to the money spent to buy the land? 
 
Please advise.
 
Anand


Learning

 3 Replies

Ms.Usha Kapoor (CEO)     05 March 2017

You can file  a suit for declaration and possession of your Registered land illegally occupied by your neighbor by producing evidence in District court and proving that he has illegally occupied several neighbours lands both registered and unregistered lands including yours preventing road access to you thus putting you in aprecarious condition.

Anand   05 March 2017

Dear madam and sir,

Thank you for your reply. 

Can you explain me the difference between waste land and lease land? And also if there is a law regarding claiming it. Is there a rule for any owner to claim or acquire waste land or lease land adjacent to their property. I am not sure if the land in front of me falls under unregistered, waste land or lease land. I am trying to figure out how the other owner claimed the land, he says he pays tax on it but I have not seen his tax paper.

Anand

Anand   24 March 2017

Thank you for your reply. I could not convince him to show me his tax paper to verify if the land belongs to him. Is there any rule that an interlocked plot should be given a pathway by the plot nearest to the road. Some people sugested that if the land belongs to him, he should give pathway to me. He has already divided his land into several plots and created boundary walls for 2 of them. He also created pathway to access these plots from the road but he wont allow me to use it unless I pay the price he is asking which is very high. Can a person demand very high price for way? For the price he is asking, I can get 3 or 4 cents of land in that area. And it is not that he is giving me the full ownership of the way after paying this price just shared privilege to use the way along with all the owners using the way. Is there any legal way that I can get the access way to my land?


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