Chances ate satisfactory
Yes otherwise move court under easement rights
You can deal with y legally
Disturbing by neighbour land owner for our agricultural land access by given road
Dear Sir. My father is purchased 5.05 Acre agricultural land at 1980 from one of my villager called “X” person . This land was situated one step interior to the access road and in b/w same family person ( selling person brother in law) called “Y” person portion of land ( about 7 acre) was situated ( once upon these both land belongs to their ancestors) During registration My father is raised a concern about there is no access to buying land . The Selling person called “X” is approached his brother in law called “Y” to give access to selling land also to my father to continue for access enjoyments so that He can sell . the length of the access bullock cart pathway is about 200 meter. Person “Y” assured to give access from the main road to purchased land via his portion of land to access bullock carts during the period , The separate agreement made with 2 rupees stamp paper on the same registration day by signing Y person says he don’t have any objections to access to my father and his bullock cart and cattle’s etc.. for that he paid 200 rupees separately . but this agreement has NOT REGISTSRED by sub register unlike how sale registration has done. Now 41 years are over. Y person also sold his land many years ago…Many hands are also changed for “Y” person land . The present owner is made barbed wire fencing to Y person land by give-up approx. 18 FT road access for us on 10 years ago itself … and no objection is from his too.. This 18Ft access pathway is sharing its edge to the one of the neighbor land person, But the neighbor one encroached almost 6 FT land from this access road from starting to till the end . He is troubling us everyday while access to our land and some time he says , there is no road in village sketch here and we should not access this.. but we don’t have any further access road apart from this road . His behavior is very rude , moreover he is SC/ST community and H says he can do any false atrocity case against us if we talk loudly for his abuse . I am fear about false atrocity act by him. I asked him to make survey of his land and find boundary of his own,. But He don’t want to do that .. At the same time Y person land owner do not want to interfere on this topic , he is neutral . My Question : 1. What are the possibilities I can get back encroached 6 Ft ( Approx.) road from neighbor land owner ? because remaining 10 Ft access pathway is not sufficient for me while running a tractors, lorry and Agri equipment’s vehicles . Its very congested . 2. This access pathway is legal for me in future ? 3. What about if “Y” person owner ask to give back this land in future ? because still this bullock cart access road is part of Y person land survey records. I have only below documents 1. Registered sale deed of 5.05 acre land purchased from “X” person 2. NON registered Agreement from “Y” person to provide access to this road from day one of sale deed. Pl suggest sir , the topic is mos
Asked 3 years ago in Property Law
Religion: Hindu
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
5 Answers
File suit seek court orders to direct neighbour to vacate portion of land encroached upon the pathway
2) you have easmentary right of prescription as you had open , uninterrupted access to pathway for over 30 years
3) rely upon your agreement with Y wherein you had been granted access to land
1. You can file a Mandatory Injunction suit against him for getting direction to remove him from your property ,
- However send a legal notice to him for increasing the pathway , if no response then approach the court under easement Act.
2. Yes,
3. Compliant before the Municipal corporation
1. Since there is an unregistered agreement to this and this pathway had been in your use for more than 4 decades, you are entitled for easement rights, you may even file a suit for declaration to declare the title on the basis of adverse possession.
Whatever you can file a suit for easement rights claiming the encroached portion of the new owner.
2. The evidence for this is the unregistered agreement entered between Y and you, hence you can claim it by a right, you can file a suit for mandatory injunction against the new person to remove the block or obstruction he had created by occupying the 6 feet pathway.
3. At this stage he cannot claim it back because it is under your usage for over 4 decades.
Dear Client,
1. As you are owner of 6 ft encroached land property you can sue for trespass or criminal trespass but for criminal trespass you need to prove accused has intent to commit an offence or to intimidate, insult or annoy any person in possession.
2. Yes it will be legal access for you in future.
3. The land is of Y so he has full right over it.
