KERALA LAND BUYER'S COMPANION HANDBOOK
Architect Shahdad Karim
PART I: Getting to Know the Property
Chapter
8: Easements or Rights of Way
Check for any easements
or rights of way.
When you are buying a piece of land
in Kerala, there are many things to consider before making your final decision.
One of the most important things you need to check is whether there are any
easements or rights of way on the land. These terms may seem confusing, but
they are quite simple to understand. In this chapter, we will explain what
easements and rights of way are, how they can affect your land, and what you
need to do to check for them.
What is an easement?
An easement is a right that someone
else has to use your land for a specific purpose. This right is usually granted
by the owner of the land, and it can be temporary or permanent. For example, if
your land is adjacent to a river, the government may have an easement allowing
them to enter your land to do maintenance work on the river. Alternatively,
your neighbor may have an easement to use a portion of your land to access
their own property.
What is a right of way?
A right of way is a type of easement
that grants someone the right to travel through your land. This right is
usually granted to provide access to another property that is otherwise
landlocked or difficult to access. For example, if your neighbor's property is
located behind your land, they may have a right of way that allows them to pass
through your land to reach their own property.
How can easements and
rights of way affect your land?
Easements and rights of way can
affect your land in many ways. If someone else has the right to use your land,
you may not be able to use it in the way you intended. For example, if your
neighbor has a right of way through your land, you may not be able to build a
fence or a structure that blocks their access. Similarly, if the government has
an easement to enter your land, they may restrict your ability to use it for
certain purposes.
How to check for
easements and rights of way?
Before you buy a piece of land, it is
important to check for any easements or rights of way that may affect it. The
easiest way to do this is to check the land records at the local registrar's
office. These records will show any easements or rights of way that have been
granted on the land.
You can also talk to your neighbors
and ask if they have any rights to use your land. If there is a right of way,
your neighbors will likely know about it, and they may be able to provide you
with more information.
Finally, you can hire a lawyer or a
surveyor to do a title search on the land. This will involve checking the land
records and doing a physical survey of the property to identify any easements
or rights of way.
What to do if there is an
easement or right of way on your land?
If there is an easement or right of
way on your land, you should consider how it will affect your use of the
property. If it is a minor easement, such as a right of way for your neighbor,
it may not be a big deal. However, if it is a major easement, such as a
government easement for a public utility, it may severely limit your ability to
use the land.
In some cases, you may be able to
negotiate with the holder of the easement to modify it or remove it altogether.
For example, you may be able to work out a deal with your neighbor to relocate
their right of way to a less intrusive location. However, if the easement is a
public easement, such as a road or utility line, it may be difficult to get it
removed or modified.
Conclusion
Checking for easements and rights of
way is an important part of buying land in Kerala. These rights can significantly
affect the way you utilize the property.
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