We own Agriculture land in Maharashtra, however the access to our property is through someones private property. This access road however is used by a farm house owner who is located behind us and has a Registered Right of Way agreement with the owner of the same on a permanent basis. Till date( more than 2.5 years) no objections has been raised by them on the usage of this access by us.
Question is: Are we entitled by default to a Right of way, since this is used by us since more than 2.5 years without any objections? Can the owner legally stop us from using it now? Can this tract of land can be marked in the 7/12 agreement as public access / common road by the Talathi after Survey?
The owner has refused to give us a written agreement for Right of way due to vested interests. What are our options in this case?? Please help with your inputs.