Right of common way/approach
P.C. Joshi
(Querist) 27 June 2012
This query is : Resolved
Dear Friends,
One of my friend has purchased a piece of land long back which was lying vacant. The said land is sorrounded by a land from all corners which is jointly owned by three brothers. Except the saidland tehre is no approcah road/way to enter the land of my friend. He wants to buy the sorrounding land from those brothers. While two brothers agree to seel their land but one of the brother is opposing.
can anyone please tell me does my friend has any legal remedy whereby he can get the way/approch to enter his land through Or alternatively can he enforce his right of pre emption against the land owned by the three brothers.
Thanks & Regards
P.c. Joshi
Adv.R.P.Chugh
(Expert) 27 June 2012
Dear Mr.Joshi,
1. Right to pre-emption can be exercised only when the brothers unanimously agree to sell the property - in that situation you being an owner of adjoining land can pre-empt the sale and step into the shoes of hte buyer. But pre-emption on the grounds of being owner of adjoining/neighbouring land has been declared uconstitutional. Now only co-sharers/sharers of vicinage etc. are entitled to pre-empt that too only in states where special pre-emption laws are enacted.
2. You can claim an easment of necessity - an easment is a right to do something on somebody else's land for the more beneficial enjoyment of one's own land.
3. You can seek a declaration as to your easmentary rights and a prohibitive injunction seeking to refrain the brothers from interfering in your right to pass through their land.
Feel free to talk !
