• Access to agricultural land by neighbouring industrial land

Respected Legal experts here, 

We have agricultural land in Sidlaghatta Taluk Karnataka(70kms from Bangalore )for the past 50 years We are practicing cultivation of mangoes and rotational crops.

We have a neighboring land owned by another person which was also an agricultural land to date. Since we don't have direct access to our land We need to access it through this neighboring land as this is connected to the road. We are now informed that this land is converted to industrial land now by the neighbor. Since we are uncertain about access to our land we need your help regarding this.

Please let us know based on Indian land law and Karnataka land law, what can we do here. We were informed by a few people that we cannot get access to our land through an industrial converted land.

Please help
Asked 4 years ago in Property Law
Religion: Other

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7 Answers

You can claim easmentary right of necessity if there is no other access to your land 

 

2)Section 13 of the Indian Easements Act deals with easement of necessity An easement of necessity means an easement without which the property cannot be used at all. Mere convenience is not the test of an easement of necessity. It can be claimed only when there is absolute necessity for it, i.e. when the property cannot be used at all without the easement and not merely where it is necessary for its reasonable, or more convenient enjoyment. A  man cannot acquire a right of way as an easement of necessity, if he has any other means of access to his land however more inconvenient it may be than be passing over his neighbours.

3) under section 35 of easement act you can obtain permanent injunction restraining your neighbour from obstructing your right of passage . pending hearing and final disposal of suit you can claim interim reliefs .

Ajay Sethi
Advocate, Mumbai
97877 Answers
7939 Consultations

It is immaterial whether land is agricultural land or not 

Ajay Sethi
Advocate, Mumbai
97877 Answers
7939 Consultations

You can file a suit for easement rights for road access from your land.

Before that you can talk to your neighbor and try to buy a part of land by registered sale deed for pathway to road access. 

If he is not willing to sell the part of his land for pathway purpose then you can file a suit for easement rights by necessity. 

T Kalaiselvan
Advocate, Vellore
88082 Answers
2379 Consultations

Since you have been using this land for almost five decades and you have evidences to prove this as your pathway to road access from your land,  you can claim easement rights through court of law. 

You can consult a local advocate and proceed as suggested. 

T Kalaiselvan
Advocate, Vellore
88082 Answers
2379 Consultations

You need to file a petition under easement Act for seeking access to your land through their lands

Prashant Nayak
Advocate, Mumbai
33133 Answers
215 Consultations

In your case, you need to place an application before the civil court claiming your easement rights on the property of your neighbour. As you have mentioned that the land of your neighbour is converted to industrial land, a memorandum of understanding executed by and between you and your neighbour seeking permission to pass through his land in order to have an access to your land would be person specific and a temporary relief. Hence it is advisable for you to approach the civil court claiming your easement rights and place your proposal for payment therein and seek order from the civil court stating applicability of the same to their successors, assignees, and all subsequent transfers.

Pooja Ashar
Advocate, Ahmedabad
237 Answers
4 Consultations

There is no such rule that path should be given ,but either it is customary or easementary right.In case when one is using road from the land of neighbour and if that neighbour closes that road,the user may approach to the Mamlatdar under Mamlatdar's Court Act for restoring the use

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

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