Indian easement act
C.NOWSHAD
(Querist) 26 February 2012
This query is : Resolved
Mr.A owes a property. His neighbour has a right of way to their house through the land of Mr.A. the right is an easementary right. he has one another passage also to his house. after few years, The neighbour sold his house to one another person. whether that third party has the right to enjoy the easementary right of his predecessor..? if he has, whether there should be a mentioning of the easemrntary right in the sale deed..?
If the third party has another path (undisputable common path way) way to his house, whether he can claim the pathway through the patta land of another..? in such case the easement by prescription is available to him..?
the easement by prescription through the patta land of another is transferrable by the dominent owner to the subsequent purchaser..? please quate some citations of the recent judgements....
adv. rajeev ( rajoo )
(Expert) 26 February 2012
If it is mentioned in the sale deed it is well and good to claim the easementary rights. If not he will have to claim.
Raj Kumar Makkad
(Expert) 26 February 2012
Easementary right is not transferable without the involvement of the person whose land is being used for that purpose.
