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 ?

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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

Dr. J C Vashista (Expert) 21 October 2024
The vendor has to provide pathways to the vendee before finalisation of transaction, which your father must have verified, isn't it?
If the pathway exists (on ground as well as documents) claim it.

Querist : Anonymous (Querist) 22 October 2024
In that deed (boundaries) south is street, west is another person's land and east is common path. This is the given thing in that deed. In our side we bought that land just because there was a common path to use and access the remaining land and suddenly the second buyer denies our access to use that land. we are so confused that we are right or wrong to file a case in the court.

P. Venu (Expert) 24 October 2024
Has the second buyer prevented your access through the pathway? If not, what is the ground for your apprehension?

Querist : Anonymous (Querist) 26 October 2024
He registered the common path(from the street road till the end of our land purchased) and remaining area separately under a single deed. He has put gate in the common path to prevent our access and telling us that we had not registered the common path in the panchayat.

P. Venu (Expert) 26 October 2024
You need to approach the Court seeking appropriate remedies.

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