I am purchasing a piece of land, and the current owner's registry dated 1989 mentions that a portion of the land serves as a pathway for properties located behind it. Over the past decades, significant development has taken place in the area, and a residential colony has been established behind this land, with adequate access to main roads from multiple directions. Given this, the current owner has built a wall blocking the old pathway. My questions are: 1. Can the residents behind the land still claim access through this pathway, or could they seek compensation for the closure of their right of way? 2. Could this clause in the previous registry impact the permissible construction area on the land?
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If the registered title document states that a portion of land serves as a pathway then the pathway can be claimed by the people who are entitled to use the pathway.
By illegally constructing the wall and blocking people from having their easement rights, the seller cannot say that this property exclusively belongs to him
While your sale deed is registered the same clause that ifs found in the previous title document will be incorporated, hence you cannot do anything about it.
Given that out of the total 0.105 hectares of land, 0.021 hectares has been designated as a pathway for others, does the seller hold absolute rights and full ownership over the remaining portion of the land?
Residents behind the land can claim access through the pathway
2) it would impact permissible construction area on the land
Seller is absolute owner for the remaining land
Yes, seller can exercise full rights over the remaining portion of the land
Dear Sir,
My answers are as follows:
1. Can the residents behind the land still claim access through this pathway, or could they seek compensation
for the closure of their right of way?
Ans: It seems the said old path way was not in use they it cannot be reopened after 12 years.
2. Could this clause in the previous registry impact the permissible construction area on the land?
Ans: If such clause and subsequent continue use of such old path way only gives right over such path way otherwise
it will be deemed as extinguished.
Would including a clause in my registry where the seller declares that the pathway has not been used for more than 12 years be effective?
Mere declaration would not suffice
1. Since, the said pathway is part of the property of the current owner , then none having right to construct without his consent , and even the the current owner has right to claim compensation.
- However, this can be used only for the pathway purposes and nothing more , and even after purchasing that property cannot construct over the said extra land.
2. Yes,
- Since, the registry mention that out of the total 0.105 hectares of land, 0.021 hectares has been designated as a pathway for others, hence seller cannot claim ownership over the remaining portion of the land.
- If the said land is using for pathways and to reach the main road , then you cannot claim ownership on the adverse possession , but if not using by others then you have right to claim over the same.
Could the inclusion of this clause in the registry impact the prospects of using the land as collateral for a mortgage with banks?
1) it would not impact prospects of using land as collateral for a mortgage with banks
The seller cannot make any such endorsement in the sale deed because his title deed has clearly mentioned about the pathway hence he cannot deprive the rights of others.
The bank will not entertain any such claim of including public pathway to the property you purchase.
The bank panel lawyers will not recommend the bank to grant loan due to this impediment.
- There is chances to impact as the bank will take advise from its legal team before sanction of the loan.
Dear Client,
You have mentioned certain concerns that you have with regards to the pathway described in the 1989 registry and its potential impact to your intended land acquisition. Let me provide a specific response that will answer your questions as follows.
First, people inhabiting the area behind your land may also have a right of way across your land, granted to them the pathway in the 1989 registry. Thus, despite the area development and availability of other roads that one can use, a legally required right of way can stay valid most of the times if not formally removed by legal means. It is possibly to stop this pathway; the audience that has benefited from this cycle may attempt to make a demand to be compensated or alternatively allowed to access the channel again.
Secondly, the presence of the pathway in the original registry may be an impact on the density coefficient, that is, the permissible built-up area on your land. In case the pathway is either an easement or a designated right of way, then the right of way should be free from obstruction, and this may hamper your construction plans. Consulting with a legal expert along with the specific terms listed in the 1989 registry will explain how it will affect the development possibilities.
Concerning the seller’s rights, if the pathway is already formally established, the seller will be in a functionally restricted position in terms of ability to block the stated pathway without considering the rights of the users or beneficiaries of this pathway. Trying to add a provision to the registry that states that the pathway has not been utilized for over twelve years may clear the picture somewhat, yet it may not necessarily eliminate the original historical rights that were created in the registry.
Finally, the addition of such a clause may have implications on the possibility of using the land to secure a mortgage. The problem is that banks usually decide to accept the land as security for a loan provided that they are given a clear title and having an unrestricted use of the property and any further or other disputes concerning the right of way may influence the decision of the bank.
In general, pathway issue must be solved legally and easements and the rights must be determined and cleared properly before going for the buying. Therefore, seeking the legal advice from a lawyer will be relevant in order to safeguard your interests as you pursue the transaction.
I hope this advice will be a useful guide for you. If you have any further queries regarding this matter, do not hesitate to contact us again.
