road access for land

Buyer Beware.

Before purchase of land it must have to be considered.

The neighbour may or may not allow the purchaser to use his / her personal land, which cannot be claimed as a matter of right. 

You may approach the revenue authorities and also contact the seller for the map that showed the entrance to your field, the map that is available with Authorities. that showed the exist.  Contact a local advocate and get an affidavit from the seller about the entrance and get it notarized. and he may advise you on your rights of "easement'

Dear Querist,

In such a case the permission for using the way is necessary. If the land owner allows then one can connect the same to the land and main road. The concept of easement has been defined under Section 4 of The Indian Easements Act, 1882. According to the provisions of Section 4, an easementary right is a right possessed by the owner or occupier of the land on some other land, not his own, the purpose of which is to provide the beneficial enjoyment of the land.

Basically, an easement is the right to use the property of another. Easements come in two types: gross easements and appurtenant easements. A gross easement is a right over use of your property held by a specific individual. Appurtenant easements are a right over use of your property for the benefit of adjoining lands. Gross easements give a right over use of your property to those adjoining lands no matter who owns them. An easement is an agreed-upon use of land by a party other than the landowner. This agreement allows access to land for things like natural resources, development of necessary utility pipelines, or construction and maintenance. Easements can be beneficial depending on their purpose. 

You can claim if you are in the circle in the Easement law.

Regards,

Palak

Had the access used by the seller had matured into an easement right and is this aspect mentioned in the sale deed?

When enquired with forest department they state the land belongs to them and it is reserve forest. They are not obligated to give land for road. If it was revenue land then it may be possible is what I was told. 

Can we use easement law to have private land owners provide land for road? Why would a private land owner oblige? What is the success rate if we file a plea in high court?