Agricultural land pathway- shape & measurement
Sasikumar
(Querist) 03 December 2017
This query is : Resolved
Hi all, we have two acres of Agri land having some discrepancy in survey record regarding pathway allotment...pathway has 8 cent in total of space , taken 4 cent from us and 4 cent from neighborhood land...we two are the owners for that...the pathway crosses third party land to connect to main pathway...in record the pathway measurements are not mentioned,only space 8 cent is mentioned.so we were using 3 meter breadh until our land...as per current pathway length and 3 m breadh,space is 8 cent...but survey map,after several years,we came to know that 8 cent of space is not lying equally and parallelly...in one end it is of 2.2 meters breadh..and in another end it's 4 meters.....now 2.2 m end is the entrance where vehicles like tractors lorry can't enter...but last 50 yrs we were using 3 m only...we don't know that it was drawn wrongly...now the third party is not allowing us to pass the way pointing the map wherr subdivision was not correct....can a pathway be drawn like this?...is there any terms and conditions for making a pathway...how can I approach to get the equal and parallel pathway as we were using last 50 yrs?please help..
P. Venu
(Expert) 04 December 2017
Admittedly, you have been vested with easement rights over the adjacent lands as a pathway. Now you wish to widen the pathway to ply four-wheelers. This goes much beyond the easement rights that have been vested.
Sasikumar
(Querist) 04 December 2017
Hi sir..Thank you for the reply.but the 4 wheeler pathway already exists.but 8 cent of space is not divided parallelly, that means rectangular in survey map..it's in cone shape 2.2 meter in one end and 4 meter in another end...but physical measurements was done with 3 meter with same space of 8 cent.. that's why we didn't care about that we were using 3 meters as per physical measurement without any problem...we didn't have any chance to review the map...but the problem came while reviewing the map...in written record nothing is mentioned as cone shape or rectangular shape....also in one of our recent record it's mentioned as 3 meters...can we move with new record ? Survey can be done without land owners knowledge? If there is any discrepancy ,can apply for resurvey? Any act regarding pathway measurements?
Sasikumar
(Querist) 04 December 2017
Hi sir..Thank you for the reply.but the 4 wheeler pathway already exists.but 8 cent of space is not divided parallelly, that means rectangular in survey map..it's in cone shape 2.2 meter in one end and 4 meter in another end...but physical measurements was done with 3 meter with same space of 8 cent.. that's why we didn't care about that we were using 3 meters as per physical measurement without any problem...we didn't have any chance to review the map...but the problem came while reviewing the map...in written record nothing is mentioned as cone shape or rectangular shape....also in one of our recent record it's mentioned as 3 meters...can we move with new record ? Survey can be done without land owners knowledge? If there is any discrepancy ,can apply for resurvey? Any act regarding pathway measurements?
M V Gupta
(Expert) 05 December 2017
Apply for re survey of the pathway and indicate ur objections to the survey map. Survey of the land cannot be done without notice to the owners.
Dr J C Vashista
(Expert) 06 December 2017
Show all relevant revenue documents to a local lawyer for proper guidance and advise.
