Access for backside land
5 years ago
I have 30 cents land in Chennai. In intial days there is no proper road for my land hence it is agriculture nansei land. We have did agriculture on those days. Now my all neighbours sold there land located my surroundings to builders. Now builders started construction. They didn't allow me to access my land which was located in backside. I don't know how they got dtcp or cmda approval. Could you please confirm whether any chance to get access to my land legally? Is there any law for case?
ROBERT D ROZARIO
Responded 5 years ago
A.Nothing more to be added. Go by the advice of Advocate Deepak Bade
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Deepak Yashwantrao Bade
Responded 5 years ago
A.Yes you can access your land legally. You land is landlocked. When a piece of land is considered “landlocked,” courts will usually grant the owner of the land an “easement by necessity.” “Landlocked” properties are generally properties that do not have any direct access to public roads from the property itself. An easement is an interest in land owned by another person that grants a third party a right to use or control the land for a specific limited purpose. In this specific scenario, the easement is the right to cross an adjacent piece of land to access public roads.In order for a court to grant an easement by necessity, the landowner of the landlocked property must prove two things that is unity of title, and that the easement is reasonably necessary to the enjoyment of the landlocked property.issue notice to builder for access your property under your easmentry right.
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