• Kerala Land road access

I have a land property which currently does not have car road access from main highway road, Now I am planning to buy a road access to my property from the main road. Another land landowner who has roadside access willing to give me a "car road access " 7ft rood in width road through his property , and I have to pay money for this road access. Question is: 
1, the landowner who gives me road access , is willing to give road access registered , as "Right to use road , repair road" for me and my future owners of land. He is not willing to give the Ownership of road saying its complex for him. 
can you help me to understand what the main difference between right to use the land and ownership, what's the key difference , when a compensation is paid, What are the disadvantages over ownership here ? I hear that once road access is secured its as good as ownership, any views
In this case what all things I need to be aware, take care in the contract to make the access as good as ownership? (eg markings of directions etc)
Asked 4 years ago in Property Law
Religion: Christian

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3 Answers

The right to road access is different to that of the ownership of the said property. 

If he is executing a registered deed giving you the exclusive rights over the proposed passage for road access,  you may make sure that he has not given any such rights to others neither he has any rights to use the road.

This would be in the form of a lease agreement hence you may not be able to claim ownership to the said property. 

T Kalaiselvan
Advocate, Vellore
87451 Answers
2348 Consultations

You have only easmentary right of access  as per agreement 

 

you are not owner of approach road 

 

the agreement should specify the width of road , access of cars ,etc 

 

4) easement does not give the holder a right of "possession" of the property. Therefore an easementary right is provided for specific relief from specific violations of common basic rights. In the case of the right to way, any wrongful interference with the right of way constitutes a nuisance

Ajay Sethi
Advocate, Mumbai
97249 Answers
7855 Consultations

Dear sir/ma'am,

The right to use means you can use it freely since road is a public property unlike your house/land which solely belongs to you. Since the road is to be accessed by all/public, it can not have a sole ownership. You can pay charges to maintain road and other registration amount however the ownership can not be given to anyone.

you can not have a contract stating the ownership of the land.

Anik Miu
Advocate, Bangalore
10292 Answers
121 Consultations

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