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road access to one property to another property - kerala


07-Aug-2026 (In Civil Law)
Can the right to use a road access to a property be extended to a third property as well, if a portion of the first property is acquired?
Answers (2)

Answer #1
982 votes
It will depend upon the facts and circumstances surrounding the usage of the road. If it is sought as a matter of necessity or by prescription will be completley dependabt upon the circumstances . If you are seeking for easment by way of prescription
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Advocate Ahammed Faisal

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Answer #2
622 votes
Yes. If a portion of the property having a valid right of way is transferred to a third party, the right of way can generally pass along with that portion, provided the easement is attached to the property and there is no contrary condition in the title deed. However, the third party cannot automatically claim the right merely because the original owner had such a right. The title deeds, nature of the easement and the manner in which the property was transferred have to be examined.
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Advocate Ajesh Sasidharan

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