Buying land in Kerala is not only about checking ownership, documents and price. One important factor that buyers sometimes overlook is access to the property. A plot may appear ideal, but if the route to the property passes through another person’s land or depends on an unclear pathway, it can create practical and legal complications later.
Understanding the right of way in Kerala property transactions can help buyers identify access-related issues before purchasing land.
What Is a Right of Way?
A right of way generally refers to a legal right to pass through a particular portion of land to reach another property or a public road. It can form part of an easement arrangement.
The Indian Easements Act, 1882 deals with easements and includes provisions concerning rights of way and their extent. The nature and extent of an access right can depend on how that right was created and the purpose for which it exists.
For example, a property located behind another plot may depend on a pathway through the neighbouring property to reach the public road. In such a situation, the buyer should understand whether the access is properly established and what exactly the right permits.
Physical access and legally established access are not necessarily the same thing.
Why Right of Way Matters When Buying Property
Access can affect how you use, develop and maintain a property. This is particularly important for interior plots, agricultural land, subdivided properties and land that does not directly touch a public road.
Before purchasing, check:
- Whether the property has direct access to a public road
- Whether the access passes through another person’s land
- Whether the pathway is mentioned in the relevant documents
- Whether the route is suitable for vehicles
- Whether other properties also use the pathway
- Whether there are restrictions on using the access
- Whether any disagreement exists regarding the pathway
A seller may show you a pathway that has been used for many years, but you should still verify the legal and documentary position before relying on it.
Check the Property Documents
One of the first steps is to carefully review the property’s title documents and previous deeds.
Look for descriptions relating to:
- Roads and pathways
- Easements or access rights
- Property boundaries
- Rights enjoyed by the property
- Restrictions or conditions
- Shared access arrangements
The exact wording in the documents can be important. A right allowing one type of use may not automatically mean that every other type of use is permitted. The Indian Easements Act specifically addresses the extent and mode of enjoyment of easements, including rights of way.
If you are unsure about the meaning of an access clause, have the document reviewed by a qualified property lawyer rather than relying only on a verbal explanation.
Inspect the Access Route Yourself
Document verification should be combined with a physical inspection.
Visit the property and follow the entire route from the plot to the public road. Do not simply look at the property from the main road and assume that access is straightforward.
Check whether:
- The pathway actually exists
- The route matches the description in the documents
- The pathway is currently usable
- There are gates, walls or other obstacles
- The route becomes difficult during heavy rain
- Cars and other vehicles can reach the property
- The pathway crosses neighbouring properties
A route that appears convenient during a quick visit may have practical limitations that become obvious only after closer inspection.
Check the Width and Condition of the Road
The existence of an access pathway does not automatically mean that it is suitable for your intended use.
Think about what you plan to do with the property.
For example, a narrow pathway may be sufficient for walking but may not be convenient for:
- Cars
- Construction vehicles
- Delivery vehicles
- Agricultural machinery
- Emergency access
If you intend to build a house or another structure, consider the type of access you will need before purchasing the land.
Do not evaluate the property simply by asking, “Can I reach it?” Also ask, “Is the access suitable for how I plan to use the property?”
Understand Shared Access
Some properties may depend on a pathway used by several landowners.
In such cases, find out:
- Who owns the land through which the pathway passes
- Who currently uses the pathway
- Whether there is a documented access arrangement
- How the pathway is maintained
- Whether there are any known disputes
- Whether the existing route is sufficient for your intended use
Speaking with nearby property owners can sometimes reveal practical information about the pathway. However, information from neighbours should be treated as additional background, not as a substitute for checking the relevant documents and obtaining professional advice where necessary.
Do Not Rely Only on Verbal Promises
One of the common mistakes buyers can make is relying entirely on what the seller says about access.
For example, a seller might say:
“Everyone uses this road.”
Or:
“You can use this pathway whenever you want.”
Such statements should not replace proper verification.
If access to the property depends on land belonging to someone else, ask for the relevant documentation and understand the legal basis for using that route before committing to the purchase.
Check Access Before Paying a Large Advance
It is better to identify access problems before making a substantial financial commitment.
Before finalising a property purchase, check:
- Where the property can be accessed from.
- Whether the access route physically exists.
- Whether the route leads to a public road.
- Whether the route passes through another person’s property.
- Whether the access arrangement is documented.
- Whether the route is suitable for vehicles and your intended use.
- Whether there are known disputes concerning the pathway.
The Kerala Registration Department provides official services and information relating to property document registration and related records, including certified copies and Encumbrance Certificates.
Get Professional Advice When Necessary
Property access issues can involve title documents, easements, boundaries and rights between neighbouring landowners. When the documents are unclear or the access arrangement is disputed, professional legal advice is important.
A property lawyer can review the relevant documents and explain the legal position. A qualified survey professional may also be useful when there are questions concerning boundaries or the physical location of the pathway.
Do not make an important property decision based solely on a seller’s explanation, an online map or the fact that other people are currently using the route.
Right of Way Checklist for Property Buyers
Before buying a property with shared or indirect access, check:
✔ Title documents and previous deeds
✔ Property boundaries
✔ Access route to the public road
✔ Ownership of the access pathway
✔ Any documented right of way or easement
✔ Width and physical condition of the pathway
✔ Vehicle accessibility
✔ Shared-use arrangements
✔ Existing disputes or objections
✔ Suitability of access for your intended use
Final Thoughts
When buying property in Kerala, access should be treated as an important part of property due diligence. A plot can have an attractive location and suitable size, but unclear access can create difficulties later.
Before purchasing, inspect the route, examine the relevant documents and understand how the access right works. If there is any uncertainty about ownership, easement or right of way, consult a qualified professional before proceeding.
A little verification before purchase can help you avoid major property-related complications later.
Disclaimer: This article is for general informational purposes and should not be treated as legal advice. Property rights and access arrangements can vary depending on the facts and documents involved. Consult a qualified property lawyer for advice regarding a specific property.
