What is the area or dimension of right of way/easement as per property law? What action needs to be taken to get the rightful?
Situation : My father bought 6 guntha land 25 years ago. During registration my father's elder brother(my uncle) very smartly made the land agreement on his name. 15 years ago, my uncle was about to transfer the land to his wife's name so that nobody can claim ownership of the land. My father went into a mutual agreement and the land was divided into 3 shares - 2 guntha for my uncle's son and 4 guntha between my younger brothers. In the land agreement, nothing was mentioned as to which part of land belonged to whom. My uncle's son sold his 2 guntha to my younger uncle. My younger uncle built his house in the front part of the land such that the remaining 4 guntha is at the backend. He has built his house on the left side leaving an open area on the right side and there is a compound wall with a gate both at front and back end. Now we have to access our house by passing through the 2 gates. My parents asked about the dimensions of the common pathway (right of way/easement) and was told that only 5 feet could be given. They questioned as to how our car/other household appliances/ items could be taken through the 5 feet space and that we require atleast 10 feet space to be used as right of way.
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As discus with you by our legal manager, do send the photo copy orignal agreenemt. So can guide you better.
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