Introduction
Purchasing land in rural areas can sometimes come with unexpected complications, such as inadvertently acquiring property that includes a Nilaviyal road, stream, or footpath. These pathways, which are often recorded in village records, are meant for public use, even if they pass through privately owned land. In this guide, we’ll explain what Nilaviyal paths are, how to identify them, and what to do if you’ve accidentally purchased land with these public access routes.
1. Understanding Nilaviyal Pathways
The term “Nilaviyal” refers to roads, streams, footpaths, or cart paths that are marked in village records. You may encounter terms like “Nilaviyal Salai” (road), “Nilaviyal Odai” (stream), “Nilaviyal Kalpadai” (footpath), or “Nilaviyal Vandi Paathai” (cart path) in the A-register of a village. These were previously known as “Boosuthu Road” or “Boosuthu Odai,” indicating private land that contains public access paths or water channels.
2. Common Village Terms
In some areas, these paths are colloquially referred to as “Booster Road” or “Booster Odai.” Regardless of the local term, they represent pathways or streams that exist within private patta (land ownership) property but are intended for public use.
3. Identifying Patta Paths
Paths and streams that pass through private land may be assigned distinct survey sub-divisions and marked on village maps (FMB). In the A-register, they are listed under specific survey numbers as “Nilaviyal Paths.” It’s essential to know that although these pathways run through private property, they are classified as public access routes.
4. Historical Use of Paths
These paths were traditionally used at night under the light of the moon, which is how they got the name Nilaviyal (moonlit) roads. Historically, they provided vital access for villagers to reach main roads before modern transportation became available.
5. Natural Streams and Footpaths
Many of these paths, streams, and water channels were formed naturally on private lands for the convenience of landowners. Over time, these routes became recorded on village maps, although they may not always have official survey numbers.
6. Shifting Pathways
If you own land with a stream or pathway that lacks a survey number, you have the right to alter or reroute it, provided that you offer an alternative route for others. This flexibility allows you to manage your property while respecting public access needs.
7. Restrictions on Official Nilaviyal Paths
However, if a pathway is officially designated as “Nilaviyal” in the A-register, you cannot encroach upon or block it. These are public access routes, and any obstruction can lead to legal action by the government. If a Nilaviyal path on your property is being encroached upon by others, you can file a complaint with the district administration to have the obstruction removed.
8. Roads Becoming Nilaviyal Paths
Occasionally, informal cart paths that once ran through private patta lands become classified as official Nilaviyal Roads during government surveys. When this happens, the path is assigned a separate sub-division and becomes public property. Once this classification is made, you can no longer block or restrict access to the path.
9. Legal Disputes Over Private Paths
If a stream or path crosses your private patta land, and you believe it should remain private, you have the option to approach the courts to restrict others from using it. However, this legal process can be lengthy, and success is not guaranteed if the pathway is officially recognized as a public access route.
10. Caution When Purchasing Land
If you’re in the process of purchasing land, it’s crucial to understand whether any Nilaviyal roads or streams are included in the patta. Even if these pathways are mentioned in the sale deed, they belong to the government and cannot be privately owned or blocked. This could leave you at a disadvantage if you were hoping to control or limit access to these areas.
Conclusion
Accidentally purchasing land with a Nilaviyal road, stream, or pathway can complicate your property rights and lead to unexpected restrictions on how you can use the land. By understanding these public access routes and verifying the village records before purchasing land, you can avoid issues down the road. If you do find yourself with a Nilaviyal path on your property, it’s important to respect its public use and take legal action only when necessary.
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