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What Legal Checks Are Needed When a Building Has a Disputed Right of Way Through an Adjacent Property in Bangalore? By the Property Law Team | Legal Brigade | Bar Council of Karnataka A right of way dispute affecting a Bangalore apartment building arises when the building’s access road or pathway passes through an adjacent…
What Legal Checks Are Needed When a Building Has a Disputed Right of Way Through an Adjacent Property in Bangalore?
By the Property Law Team | Legal Brigade | Bar Council of Karnataka
A right of way dispute affecting a Bangalore apartment building arises when the building’s access road or pathway passes through an adjacent private property and the right of way is either not formally documented as a registered easement, is documented but the adjacent property’s new owner is challenging or blocking it or has lapsed because the conditions of the original easement grant were not fulfilled — creating the risk that all flat owners could be physically isolated from the public road if the adjacent owner blocks access.
Why Do Right of Way Disputes Arise for Bangalore Apartment Buildings?
Right of way disputes affecting Bangalore apartment buildings arise from three principal sources. First — the access road was never formally documented as a registered easement at the time of construction. The developer may have reached an informal understanding with the adjacent landowner, built the access road and sold the flats — but no registered deed of easement was ever executed or recorded in the sub-registrar’s office. Second — a registered easement was created but the adjacent property has since changed ownership, and the new owner disputes the validity of the easement or claims that it has lapsed because the conditions in the original grant were not fulfilled. Third — the adjacent owner has developed their own property in a manner that physically obstructs the access road, either deliberately to challenge the right of way or incidentally through construction that encroaches on the easement corridor.
Right of way disputes are encountered by Legal Brigade most frequently in older buildings in established localities where access roads were informally arranged at the time of construction — and in newer buildings in outer corridors where developers assembled access through multiple private parcels without registering easements for each one. The issue surfaces typically when the adjacent property changes ownership. This is a consistent professional observation from the firm’s verification practice across Bangalore.
What Are the Specific Legal Risks When a Building’s Right of Way Is Disputed?
Risk | How it arises | How serious | Effect on buyer |
|---|---|---|---|
Adjacent owner physically blocks the access | New owner of the adjacent property disputes the right of way and blocks the road | Very high — residents cannot enter or exit the building | Physical isolation — emergency services and daily life severely disrupted |
Court proceedings to establish the right of way | Association files a suit to declare the right of way | High — litigation is expensive and slow | Residents depend on the court’s interim order to maintain access during proceedings |
Adjacent owner develops their property — blocking access | Adjacent owner constructs a building that physically blocks the access road | Very high — permanent physical obstruction | Association must seek an injunction immediately and pursue easement enforcement |
No registered easement — informal arrangement | Access was always on an informal basis — no registered document | Very high — the informal arrangement can be revoked at any time | The building’s access security is entirely dependent on the adjacent owner’s cooperation |
Easement lapsed — conditions not fulfilled | The original easement grant had conditions that were not met — the right has lapsed | High — the easement may not be enforceable | The right of way must be re-established through negotiation or court proceedings |
How Do I Confirm That the Building’s Right of Way Is Legally Secure?
- Identify the access road to the building and confirm whether it is on the building’s own land, on a BBMP-maintained public road or on adjacent private land. If the access is on the building’s own land or on a public road, no easement is required. If the access passes through adjacent private land, the right of way must be formally documented.
- If the access is through adjacent private land — obtain a copy of the registered easement deed from the sub-registrar and confirm it specifically grants a right of way for vehicular and pedestrian access to the building. The deed must identify both the dominant tenement (the building) and the servient tenement (the adjacent land) with survey numbers.
- Confirm the easement is registered in the relevant sub-registrar’s records and that it appears in the EC for the adjacent land as a registered encumbrance on that land. An easement that does not appear in the EC of the burdened property is not enforceable against a bona fide purchaser of that property.
- Confirm the easement has not lapsed — read the easement deed for any conditions or limitations on its duration. Some easements are granted for a specific term, subject to the payment of a periodic fee or conditional on the continued use of the access for a defined purpose. If the conditions have not been fulfilled, the easement may have lapsed.
- Have a property lawyer specifically confirm the right of way’s legal status before any purchase commitment — this must include checking both the building’s EC and the adjacent property’s EC. The lawyer should also confirm whether any court proceedings are pending regarding the right of way.
What Is the Difference Between a Registered Easement and a Prescriptive Easement for Building Access?
Feature | Registered Easement | Prescriptive Easement |
|---|---|---|
How it is created | Expressly granted in a registered deed | Implied by continuous, open and uninterrupted use for 20 years under the Indian Easements Act |
Legal certainty | Very high — the deed is a registered public document | Medium — must be established through a court declaration |
Enforceability | Immediately enforceable — the deed is the evidence | Requires court proceedings to establish and enforce |
Appears in the EC | Yes — as an encumbrance on the burdened property | No — only established through court proceedings |
Adjacent owner’s ability to challenge | Very limited — the registered deed is binding | Can be challenged — the prescriptive claim must be proved in court |
Buyer’s position | Strong — the registered easement protects the building’s access | Weaker — the buyer relies on a right that has not been formally established |
What Should a Buyer Do If a Building Has an Active Right of Way Dispute?
A buyer who discovers that the building has an active right of way dispute should treat this as a fundamental physical access risk that affects the habitability and value of every flat in the building. The dispute should be confirmed to be in a resolution process — either through a court proceeding for easement declaration, a negotiated settlement with the adjacent owner or a government intervention to regularise the access — before the buyer commits to purchase. A dispute that has been ongoing for more than six months without any interim court order protecting the access is a serious signal that the building’s residents may face physical isolation. In such cases, the buyer should either require the seller to resolve the dispute as a condition of sale or walk away from the transaction entirely. See Legal Brigade’s complete apartment association rights guide at /karnataka-apartment-ownership-act-flat-owners/.
Frequently Asked Questions
Q1. What is a right of way and why does a building need one?
A right of way is a legal right to pass through another person’s property. It is a type of easement. For apartment buildings whose access road does not connect directly to a public road, the right of way is the legal mechanism that secures all residents’ daily access. Without it, the building is dependent on the adjacent owner’s goodwill.
Q2. What happens if the adjacent property owner blocks the access road?
If the adjacent owner blocks the access road and there is no registered easement, all residents may be physically unable to enter or exit the building. Emergency services cannot reach the building. The association must immediately file for an injunction and a declaratory suit to establish the right of way.
Q3. How do I check whether the building’s right of way is formally documented?
Obtain the EC for the adjacent property and check whether a registered easement appears as an encumbrance. Obtain a copy of the registered easement deed from the sub-registrar and confirm it specifically grants access to the building. Have a property lawyer verify both documents.
Q4. What is the difference between a registered easement and a prescriptive easement?
A registered easement is created by a registered deed and is immediately enforceable. A prescriptive easement arises from 20 years of continuous, open use and must be established through court proceedings. The registered easement provides far greater legal certainty for a buyer.
Q5. Can an adjacent owner build on land that is subject to a right of way?
No. An adjacent owner cannot construct a building on land that is subject to a registered easement for access. If they do, the association can seek an injunction to stop the construction and a mandatory injunction to remove the obstruction. The registered easement deed protects the access corridor.
Q6. What if the easement was informal — how do I establish a legal right?
If the access was only informal, the association must either negotiate a registered easement deed with the adjacent owner or file a suit for prescriptive easement under the Indian Easements Act 1882. The prescriptive claim requires proof of 20 years of continuous, open and uninterrupted use.
Q7. Can the building association file an injunction to prevent access from being blocked?
Yes. The association can file a suit for declaration of easement rights and a temporary injunction to maintain status quo during the proceedings. If the easement is registered, the injunction is typically granted. If the easement is prescriptive, the court will assess the evidence before granting interim relief.
Q8. What conditions in an easement deed can cause the right of way to lapse?
Common conditions include a fixed term of years, a requirement to pay a periodic fee, a restriction to specific types of use or a condition that the easement terminates if the dominant tenement is subdivided. If these conditions are not met, the easement may lapse and the right of way may be lost.
Q9. How does a right of way dispute affect the flat’s resale value?
A right of way dispute significantly reduces resale value because it creates the risk of physical isolation. Banks may refuse to finance flats in buildings with disputed access. Buyers with legal awareness will avoid such properties until the dispute is resolved with a registered easement.
Q10. How does Legal Brigade check right of way status during property verification?
Legal Brigade’s verification includes a physical inspection of the access road, a sub-registrar search for the registered easement deed, an EC review of both the building and the adjacent property and a court records search for any pending access dispute. The legal opinion specifically addresses the security of the building’s access.
Buying a flat in a Bangalore building whose access road passes through private land?
A registered easement in the sub-registrar records is the only secure legal basis for the building’s access — Legal Brigade confirms its existence.
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Frequently Asked Questions
What is a right of way and why does a building need it? ▾
A right of way is a legal easement allowing passage through another person's property. For buildings not directly connected to public roads, it secures essential daily access and prevents dependency on a neighbor's goodwill.
What happens if a neighboring owner blocks the access road? ▾
If the road is blocked and no registered easement exists, residents may face physical isolation and emergency services could be cut off. The apartment association must typically seek an immediate court injunction to restore access.
How can I verify if a building's right of way is legally secure? ▾
You must obtain the registered easement deed from the sub-registrar and verify the right is recorded in the Encumbrance Certificate of the adjacent property. Ensure the deed identifies the dominant and servient tenements via survey numbers.
What is the difference between registered and prescriptive easements? ▾
A registered easement is a formal deed providing high legal certainty and immediate enforceability. A prescriptive easement is implied by 20 years of uninterrupted use but requires a court declaration to be legally recognized.
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