I recently purchased an independence house which had a 9 feet common way (or road) and its clearly marked in patta and also the previous owner had paid property taxes. Iam the 4th buyer of this property and all the sale documents talk about 9 feet common passage (house facing it).

The common passage starts from the main bus route and this house the second in that street. Now the first house (on the bus route) is constructing a compound such that the 9 feet passage becomes just 3 feet. He says the surveyor based on parent doc had measured and laid out. In this street, there are around 5 to 6 houses and how can a 3 feet road be called as a common passage. There is no other way to this house. I just bought it this week

Iam not the sure this person is doing this to play some foul game with us.

If patta shows 9 feet common passage and property tax, how can we have 3 feet road? Iam really upset with this along with the people in that street.

I know there are lots of legal experts here and if you can shed some light, that will greatly help us

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  • ooops... somebody shed some light....
    I suggest you not to wait for a forum post and seek legal help asap...
    Where in Chennai is this property .... more details would help...
    Pool all 5 -6 houses in and your expenses would be meagre....

    Also, was your property and the house in front belong to the same original property....
  • Pl obtain stay order on the compound wall construction. Otherwise it may become too late. You have to study the parent document of the front house for exact measurement of his house.
  • Presume that there are 6 houses in this road with common passage of 9 feet for all.
    First house is constructing compound wall by leaving 3 feet ( absorbing 6 feet from common passage) based on his document and surveyor.


    Whether all 6 houses have this 9 feet common passage or only five houses.

    Whether first house is encroaching or absorbing 6 feet as per his property Doct and surveyors certification need to be found out?

    Whether all 5 houses are going to initiate legal claim against first house if he encroached ?
  • Thanks a lot to everyone for the reply.

    The place is in kannapalayam, poonamallee.

    There is a construction going on (right in the basement level right now) but the construction does not obstruct the common passage. But when I enquired the owner, he mentioned that he used surveyor based on his parent document.

    I actually checked for a legal opinion before going for this and I talked to him also. He says that if patta and the previous sale deeds starting from 1996 mentioning about 9 feet passage, then its definitely there.

    He suggested a police complaint immedietely and take a copy of the complaint. I am pretty new to that place (just few days) and i dont stay there. My brother will stay after Jan.

    I have no details on other houses in that street.
  • It is very common to gift full Road to Local body to avoid such encroachments by select few owners
  • You mean to say Compound wall is yet to be built and as on date you have clear 9 ft passage. Are you telling, based on hearsay, that the passage will be reduced to 3 ft?
    Have you shown your documents to the owner, emphasizing the 9 ft passage? What sort to cumulative protest you residents have shown to the owner?
  • Did you ask for the surveyor details? first, if 9 feet passage is mentioned in the document of all the 6 houses, please file a complaint and get a stay order.
    now there is another possibility. My grandfather owned a 10 cent plot in a village. The land was bought several decades back and the measurement in the document was not proper. Around 10 or more plots were there and the area mentioned in the document was more than what was physically present. One of them was smart, he called the survyor and based on the document he measured his area and built fence. It actually ate 2 cents in my grand fathers land. Only then all of them realized that all the lands are actually less than what is mentioned in the plot. Long story short, for eg, around 80 cents were documented as 100 cents.
    If your case is something similar, then a group rationalization has to be made and its a lengthy procedure. however, an immediate stay on construction is a good way to start. its better all the 5 houses file a joint stay. Incase ppl dont come together, u file a stay individually.
  • Hi Rednat

    The owner is planning to put a fence. I visited the site on Tuesday and there was no stone, and then I purchased it on wednesday and visited the site again on saturday and found the stone (after surveyor measured the land, thats what they claim) with just 3 feet available after stone. Iam surprised on this timing.

    I checked with the previous seller of my doc (who is present in the same village and he was helping the current seller to sale this). What I came to know (which was shocking) is that the issue been there for quite long time and my current seller knew it but did not mention it. I checked with my tenant in my new house and she knew about it (I might her last week and she did not utter any word about this).

    I believe the 5 houses belongs to a single root and the 6th one (which is near the road and abutting the passage to 3 feet belongs to a different doc (probably). I wanted to double confirm with surveyor about the genuiness of this 3feet passage but could not verify it today.

    Iam still looking for options. Meanwhile Iam working on getting the stay.
  • Thanks harikaran. All the 5 houses have 9 feet passage but we are not sure about the 6th house which is on the road. Iam trying to get the layout of that too to understand.
  • I think you have been shortchanged by your seller and neighbor. If the issue is alive and burning, you should have been informed before the transaction took place. In my opinion, the front house man's documents are legally allowing him to construct a wall with 3 ft only left. Due diligence was not done in your case. Anyway, all the best in your legal pursuit.
  • I would like to inform you a classic example of a similar case. Bushan Builders built some 6 flats in West Mambalam, just behind a plot which had a big open well. Bushan had assured the flat buyers the well will never be closed and hence that plot will remain unconstructed, causing no hindrance to Bushan Flats. One fine day, a north Indian bought that plot with the well, closed the well and constructed a high rise building, totally concealing the Bushan flats, which now do not have any ventilation, any access and virtually zero resale value.
    Your case should not be like Bushan Flats people!
  • Thanks rednat.