Pathway issue
Querist :
Anonymous
(Querist) 20 October 2024
This query is : Resolved
The land owner decides to sell his land. The land is in single survey number before its sales and a single land without any common path before sales. My father(First buyer) bought a some amount of the land(with house) and in that registration 10ft common path has been included but the 10ft path was never there before the seller decides to leave a 10 ft common path for the buyers but the second buyer bought a remaining land which includes the path beside my father's land. Is it legal to do that ? but we needed the common path to maintain the back side of our land. What should we have to do legally to use that common path ?
T. Kalaiselvan, Advocate
(Expert) 20 October 2024
If your father's vendor had mentioned about the 10 feet pathway in the registered sale deed then the pathway has to be maintained by your father as well as the neighbor who purchased the remaining portion.
a pathway can be an easement right. An easement is a right that allows one person to use another person's property for a specific purpose. For example, a pathway can be an easement right if it's used for the benefit of a house or farm
The owner of a house may have an easement right to use a neighbor's land to access their house
