To secure right of common usage of approach road.

Querist : Anonymous (Querist) 12 July 2010 This query is : Resolved
A portion of agricultural land was sold to a builder by the owner. The buyer demanded an approach road and this was provided out of the remaining land by the owner and a seperate sale deed was registered in favour of the buyer for approach road, which means the buyer gets exclusive right of use of approach road. Now the seller has a very small width of land as approach road to his remaining portion of land where it is not possible for a four wheeler to enter. Now the buyer has expired.
What should the seller do ? What are the options available ? Can the seller enter into an agreement / MOU with the legal heirs of the buyer for common usage rights. If so, what is the validity. If registered, can it be revoked at a later date. PLEASE ALSO PROVIDE A DRAFT OF SUCH AN AGREEMENT. Is it right to call it an MOU ?

Thanks.

Raja.

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S. Bharath (Expert) 12 July 2010
What you are seeking is a license to use the passage. Please consult your lawyer who can get a good License Deed drafted for you and get it registered.

Chanchal Nag Chowdhury (Expert) 13 July 2010
U want to have the cake & eat it too.
MOU etc. will depend on the will of the buyer. Agreement depends on the Terms of Settlement.

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