NPN1980BLR (tz) 29 July 2011

Right of entry to a landlocked farm land

Hi,

We have about 3 acres of farm land in Karnataka. But the entire land is land locked by surrounding lands belonging to other owners. Only a narrow foot path (2ft) is the access to our land. In order to take a tractor or a bulldozer inside the land for farming or construction, we have to pass through other's land. Since we have bought the land newly and do not belong to the village there has been discrimination by surrounding land owners and we are not allowed access to our land. They are planning to fence their lands and disallow access to our land and forcing us to buy their land. Please advise if there is any law which grants access to our land even if it land-locked by surrounding lands. If so much wide should be such access. In case no law exists, is there any remedy to this problem? The surrounding land owners are asking exhorbitant costs because of our situation.

Thanks.

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3 Replies

Advocate Rajkumarlaxman (Advocacy) 29 July 2011

You have an easementary right for the property. invoke that and move to court for this. bring an interim stay and injunction to move to your land which you are having access to presntly which is 2 ft and apply to make it larger to have access by truck ot tractor or any vehicles etc. and far from all these on mutual consent try to compromise the matter by getting the way.

Mahadeva Rao G (ADVOCATE) 30 July 2011

Buying property is always the tricky matter.

It is always recommended to take professional advice by engaging some advocate for the same.

Well now happened is happened. Yes there is a provision of easementary rights no doubt but in most of the case it operates on as is where is basis condition. I mean to say, the easementary rights how it was all these days for the said property in question which your Vendor was used to will continue. HOwever u can stop the surrounding property owners from erecting any structure which may block your way to your property by filing a suit for permanent Injunction in the competent court of Law. However it is wisely advised to buy 20 feet wide x the entire length of the property upto the approach road upto your property along with the 2 feet narrow foot path to avoid any litigations.

Before buying this matter should have been solved. Naturally now the demand will be more from the neighbouring property owners. However if it is possible u can send me the Sketch copy and the title deed of the property in question along with u r Sale deed, so that we can scrutiny the documents and can suggest u a proper permanent solution.

U can revert back to me on sohan1912@rediffmail.com or on 9845285555 at BANGALORE.

All the best and Warm Regards.

Mahadeva Rao G. ADVOCATE 9845285555 Bangalore.

JT Rajasuriya, Chennai (Advocate 98410 53790) 31 July 2011

In agricultural lands, it is common practice that landlocked lands are accessed thro others' lands.

But they apparently maintain a cropping pattern whereby these lands are cultivated simultaneously - otherwise part of their crops are likely to be damaged by your movement. Courts will interfere to grant rights as per village practice.