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There are two houses in a compound. I am staying in the house which is behind my cousin's. To reach the road we have been using the passage that runs through my cousin's property for more than 25 years. He sold his property to another person without our knowledge and the new owner is obstructing our passage to the road. There is no other alternative route to the road. What shall we do?

- by Mrs. Seethalakshmi, Mysore

The new owner cannot deny you the passage you have been using out of necessity for a very long time without interruption. You have a right over the passageway, even though it does not belong to you. The Easement Act says that the owner cannot take away the right of the user of the passageway even though he is the owner of the property.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- I am purchasing a site from CMC limits and it is also a co-operative society site. The query is that the bank where I had applied for loan told me that this site will come under green belt and they cannot fund for this site. My query is for this site, the Katha certificate is there, recent tax paid receipts are there, encumbrance is there, GPA is there and almost the documents are all correct and one more, people have constructed houses next to this layout, and there is BDA Layout coming next to 0.5 km from this site and there are roads, lights, water, and there is no problem at all. I do not know why the bank is telling that this site will come under green belt. Please furnish all the details as to how this comes under green belt. I am speaking about the Karmikara Raitara Sangha and Dwarakanagar Welfare Association, which is located in Channasandra near Uttarahalli.

Q:- How safe is buying DC – Converted site in and around BDA Layouts?

Q:- I have purchased a site measuring 30’ X 40’ in a private layout formed on a converted land. The layout has roads, drainage, water and power facilities and is well developed. The layout is situated at Parapana Agrahara. Recently, BDA has notified this survey no. for acquisition for formation of Hi-tech city.  The preliminary notification is released recently. Please advise how to proceed?

Q:- I have purchased a land on Kanakapura road from one of my friends. On verifying the documents I came to know that the said land was originally allotted to the member of a Schedule Caste from the Government of Karnataka. My friend from whom I have purchased the land had purchased it from the said member of Schedule Caste 10 years back. I learnt there are some restrictions on sale of such property. Please inform whether I derive good, valid title to the land?