Advocate Abubakar Bakulka

Questions Answered by Advocate Abubakar Bakulka

Q: Way to agriculture land in same survey number

I have a agricultural land of 2 acres in survey no 920 (Sub 920/E). Neighbors also had a land in same 920 (Sub 920/A) survey number and sold their front portion of land to others which has road connectivity. Now purchaser closed their boundires with fencing and not giving way to enter into my land. but when I want to reach my back portion of land I need to cross road facing land now he is not allowing to cross his land to reach my land, but our both land comes in one survey number, kindly request to What to do

Advocate Abubakar Bakulka answered
you have an easement right to use the way noone can stop you from using the way. you can file an suit as per easment act. whether its an land of others and you were using it since many yaers without any objection and you dont have any other access than its your easement right

Q: Large quantity dug soil dumped on my land & prevent to enter my land

I have 2 agriculture infertile land in the middle of rich group. I sold major part of land 15 years ago to use their asphalt road connected to main road and they agreed. From last two year they are not allowing to enter through, telling it’s our private road. So we are using old Kachcha path that connected to a village road, which passes through their land. Even on this path they dug very big pits to prevent us to enter. Two years ago they constructed a shade and all the dug soil dumped on my land. When we objected they said will remove soon. Later they dumped more and more, its more than 300 trucks. For two years we told them repeatedly to remove the soil and rubbish, now they are saying we dumped on our land it’s not yours and you don’t have the way to enter, sell your land. But I don’t like to sell my land. What action can be taken to remove the dumped soil from my land? Can he stop our way in the future legally even the kachcha path? This path was used by all farmers in the past

Advocate Abubakar Bakulka answered
you can file injunction suit in the civil court to prevent them from entering into your land. they have no right to enter in your unsold property . its an unfair practices of them . they cannot force you to sell the property.