obtaining joint road access to property
Alexander T C
(Querist) 13 July 2010
This query is : Resolved
Dear Sir
Case
x ,Y & Z have an existing pathway of 1 meter width and 43 meter length to thier property and the pathway runs through land owned by Ower-1 on one side and Y & owner 2 on the other side . Now Owner 1 agreed to sell enough land to make the pathway in to a 3 meter width road , with joint access rights for owner 1 , X & Y only .Z not ready to pay . owner 2 is not joining as he has direct other access.
Question
1. Can you advise me how to register the road with access rights to X,Y & owner -1 only.
2. Can we deny access right to z & owner -2
Chanchal Nag Chowdhury
(Expert) 13 July 2010
1. Access Right is a right of easement & has nothing to do with registration.
2.If the 1 metre pathway is common, restrictions may be imposed only on the additional 2 metres, provided it can be demarcated & separated.
G. ARAVINTHAN
(Expert) 13 July 2010
1. you can register the pathway by means of attaching a sketch with the sale deed
2. demarcation to be done and can obtain an order of injunction restraining the user of adjacent land not to use your land
Uma parameswaran
(Expert) 13 July 2010
Z's right to pathway could not challenge if he is using it from the beginning.
