Property easement
2 years ago
My neighbour has two properties, property A which resides right to my property and B which resides left to my property. I have access to the road, which I have bought from someone else and have the documents.
Currently If neighbour has to access property B, he has to go via (walk way) crossing my private road to my home. So it is basically not a good thing for us as they will be moving infront of our house frequently. Currently they need a written or oral confirmation that they can go from property A to B via our land crossing the private road. But I see this argument more problematic as it may eventually gave access to my private road from both properties A and B.
History of Property B:
Neighbours' father had a land touched to property B, which was touching the main road. Due to clash with his father, his father sold that property causing it to loss access to road. So it is up on us now to provide way as there is this easement law.
Proposed solution:
Instead of we provide the full A to B connection, we are willing to provide a seperate land for walk-way towards someone elses property C from which he had bought A and B 40 years ago.
Will this suggestion works?
Right of easement will come into play if such walk-way is in existence from time immemorial or there is no alternative way to approach such house. It all depends upon evidence oral or documentary.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Yadi udhar se aap ko koi help nhi milti tab aap ko advocate appoint karke court me case file karna chahiye.
Yadi documents me likha hai ki property ya rasta aap ka hai tab aap unko court dawara restrain kar sakte hai.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
We must avoid court for such trivial issues and we must sensible enough to settle such issues with mutual consent. If you don't want them to cross from your road because of security and you don't want them to stand in front of your houses. Then the solution you proposes is absolutely perfect and you could propose it to your neighbours and settle the issue amicably.
Thanks.
After reading the problem the solution you have of providing a full A to B connection and providing a seperate land for walk way towards someone elses property C would absolutely work.
Thanks
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Tanmoy Chattopadhyay
Responded 2 years ago
Sale deed mentions that roof has ownership to owner(builder) not flat owner
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