Right of way
RAJAGOPALAN NAIR
(Querist) 10 May 2014
This query is : Resolved
Sirs,
Our Housing Society in Mumbai is about 12/ 13 years old. No conveyance is obtained.
The builder installed the Water Pump House about half a kilometre away from our building and from there we pump water to our building situated on comparatively higher area. When the builder installed the water pump on the other property, both premises were owned by the builder.
Now the builder constructed a building on the other property and soon society will be formed. We met the builder and asked him if the society is formed, they may not allow us to operate the pump house as it is situated in their property and they have a separate water tank for their use. Builder said he will make an agreement with the new society for right of way before formation of the society. My question is:
(I) Will this Agreement valid and if so how long.
(ii) Can we use the Water Pump facility permanently on the basis of the Agreement. (iii) If not what is the remedy available.
Pl advise us since after the formation of society, they may take objection and ask us to shift the water pump house to our own premised and builder will not interfere and will say that I have handed over the building and you sort it out with the society. Thanks & Regards.
V R SHROFF
(Expert) 10 May 2014
Proper Agreement shall bind the parties permanently, and you will get water supply from same pump.
Rajendra K Goyal
(Expert) 10 May 2014
Get the agreement properly drafted by some expert lawyer, it would be binding on both parties.
T. Kalaiselvan, Advocate
(Expert) 13 May 2014
agreed, an agreement reciting the conditions as per the prevailing circumstances drafted properly may suffice the requirement.
Anand Bali Adv.
(Expert) 13 May 2014
Yea ! I agree with the other experts, if a proper and exhaustive agreement covering all the aspects of the supply and functioning of the water pump can be laid down it can work for permanent basis.there is no question of challenging it. It will automatically become a binding contract under the provisions of the Contract Act 1972.
