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Clarification on easementry rights in my property
11-Mar-2023 (In Property Law)
My father purchased a property in 60s in perambur measuring 2000sqft and sold 800sft in 70s (back side of the property together with a right of way in the common passage measuring 200sqft) and retained 1000sqft in front side. My father wanted to settle the property to me, i wanted to know whether the settlement document should say by father is settling me 1000sqft or 1000sqft + 200 Sqft(since it is an easement).
Any reasonably prudent person will not buy a property without an access way to it. Let us define your property as Property-A(1000 sq.ft) and your neighbor property behind you as Property-B (800 sq.ft.,) for the sake of convenience and brevity. While your neighbor purchasing Property-B (800 sq.ft.,) vide a sale deed in 70’s, with a proper advice given by an advocate, he should have mentioned the 200 sq.ft of access way as common property to you and your neighbor. The common property means the common way. So it is advisable to you at this stage to place a copy of the above mentioned sale deed of Property-B (800 sq.ft) to a property lawyer before proceeding with the settlement in your favour, by your father.
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Adv. GP Vijay
Chennai | 200+ Answers
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