Right of Way on Agricultural Land

Legal Principles

1. Easementary Rights:

2. The existence of an easementary right allows a person to access their agricultural land through another''s property, provided there is continuous use and necessity established. The court has affirmed such rights based on historical use and necessity, as seen in the case where plaintiffs proved their access through a specific way used since the time of their predecessors Nopa Ram VS Hardevaram - Rajasthan (2022).

3. Maintainability of Suit:

4. A suit seeking cancellation of a sale deed related to agricultural land may be maintainable if the land has not been converted to non-agricultural use. However, if the land has been converted, the maintainability may be questioned, as highlighted in the case where the Supreme Court addressed the maintainability of suits concerning agricultural property Sua Devi VS Sharvan Ram - Rajasthan (2021)Sua Devi VS Shravanram - Rajasthan (2021).

5. Public Way Rights:

6. Land recorded as a public way cannot be diverted for other uses, as every citizen has the right of ingress and egress. This principle was reinforced in a case where land designated as a public path was not available for allotment or other purposes Munna Lal VS State of Rajasthan - Rajasthan (2009).

7. Transfer of Rights:

8. Rights in agricultural land cannot be transferred through oral gifts; such transfers must comply with legal requirements, including registration. This was emphasized in a case where an oral gift was deemed invalid due to lack of proper documentation Ram Ratan VS Chandra Prakash - Rajasthan (2012).

Key Findings

• Easementary Rights: If a person has been using a way through another''s agricultural land for a significant period, they may have established an easementary right, which can be protected by the court.
• Legal Documentation: Any transfer of rights in agricultural land must be documented legally; oral agreements are insufficient.
• Public Access: Rights of way that are public cannot be obstructed or converted for private use, ensuring access for all citizens.

Recommendations

• Establishing Rights: Clients seeking to assert a right of way should gather evidence of continuous use and necessity to support their claim.
• Legal Compliance: Ensure any transfer of agricultural land rights is documented in accordance with the Transfer of Property Act to avoid disputes.
• Public Way Protection: If the land in question is recorded as a public way, take immediate action to prevent any obstruction or illegal conversion.

In summary, the right of way over agricultural land is protected under easementary rights, provided there is evidence of continuous use. Legal documentation is crucial for any transfer of rights, and public ways must remain accessible to all..