Path way
saroja
(Querist) 25 July 2011
This query is : Resolved
x purchased 5 Acres of land for which no approach road but"Y" agreed to road through his land. Now my questions are-
(1)What's all are the documentation required to create permanent road because tomorrow 'Y' should not stop him from useing his land
(2) Can both X & Y enter into easement agreement ? if so whether it require registration ? because insisting Y for registration is practically impossible
(3) If 'Y gives letter to survey dept & village panchath to allow portion of his property as public road will helps to X ?
Please help with some suggestion which will gives permanet road to X
-Saroj
adv. rajeev ( rajoo )
(Expert) 25 July 2011
easement agreement need not be registered. Just simple agreement between x & y regarding enjoyment of the pathway.
AMIT SANKLECHA
(Expert) 26 July 2011
Hi Saroja
An Agreement to effect the easement right is feasible, but how much is it a good piece of evidence ?
Thus a remedy to same, i would suggest you to file a Injuntion suit & then file a compromise in the same, whereby the easement rights shall be given to the plaintiff by the respondent.
Thus thi being a Decree of a court, have more evedentiary value as compared to an Agreement & same can't be challanged as being a compromise Decree.
This will help you definately.
For any furthur queries do revert back me at ameet.sanklecha@gmail.com
Regards
Amit Sanklecha
Prof.A.S.Dalal
(Expert) 27 July 2011
Easement agreement is the only answer this kind of agreement is not required to be registered
