Deed of Conveyance Subject to Right of Way Template

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Title: Deed of Conveyance Subject to Right of Way Format

Need a precise Deed of Conveyance Subject to Right of Way Format for seamless property transfer while preserving access rights? Our ready-to-use legal template in PDF and Word format ensures compliance with Indian property laws, making it ideal for real estate transactions across India.

What is a Deed of Conveyance Subject to Right of Way? A Deed of Conveyance Subject to Right of Way is a critical legal document used in property transactions to transfer ownership of immovable property from the seller (vendor) to the buyer (purchaser), while explicitly subjecting the conveyance to a right of way or easement. This right of way typically grants the seller, neighbors, or third parties continued access or passage over a portion of the property, such as a pathway, driveway, or servitude area. Under the Transfer of Property Act, 1882, and state-specific stamp duty regulations in India, this format safeguards interests by clearly delineating boundaries, rights, and obligations.

It's commonly required in subdivided lands, rural properties, or urban plots where access to public roads or adjacent properties is routed through the conveyed land. Without proper documentation, disputes over encroachments or access denial can lead to costly litigation.

Why is a Deed of Conveyance Subject to Right of Way Format Important? This document is essential for legally binding property transfers that respect pre-existing or reserved rights of way. It prevents future conflicts by:

Clearly defining the extent and location of the right of way on a map or schedule.
Specifying whether the right is perpetual, limited by time, or revocable.
Ensuring stamp duty payment and registration as per the Indian Registration Act, 1908.
Protecting both parties from claims of absolute ownership without easements.

Using a professional Deed of Conveyance Subject to Right of Way sample minimizes errors, ensures enforceability in courts, and facilitates smooth title transfers. It's particularly vital in states like Maharashtra, Karnataka, and Tamil Nadu, where urban development often involves shared access paths.

Key Elements of the Deed of Conveyance Subject to Right of Way Format Our customizable legal template includes all mandatory sections:

Parties Involved: Details of vendor, purchaser, and any beneficiaries of the right of way.
Property Description: Precise survey numbers, boundaries, area, and attached site plan.
Consideration and Payment: Sale price, mode of payment, and receipt acknowledgment.
Right of Way Clause: Detailed description of the easement path, width, usage rights, and maintenance responsibilities.
Covenants and Warranties: Vendor's assurances on clear title, no encumbrances (except the right of way), and quiet possession.
Schedules: Annexures for property maps, encumbrance certificates, and title deeds.
Execution and Witnesses: Signatures, dates, and notary attestation.
Stamp Duty and Registration: Provisions for compliance.

Who Should Use This Deed of Conveyance Subject to Right of Way Template?

Real estate developers subdividing plots with common access roads.
Sellers of agricultural or residential land granting neighbors perpetual passage rights.
Buyers purchasing properties with existing servitudes in housing societies or gated communities.
Lawyers and property consultants handling conveyance deeds in civil courts or revenue departments.

Common use cases include rural land sales, apartment common area transfers, and commercial plot deals under RERA guidelines.

Download Your Deed of Conveyance Subject to Right of Way Format Now! Get instant access to our free downloadable Deed of Conveyance Subject to Right of Way Format in editable Word or PDF. Customize it with AI assistance or professional legal help for just a few clicks. Perfect for quick, court-ready documents!

Important Note While this ready-to-use Deed of Conveyance Subject to Right of Way legal template is drafted by experts, it's recommended to consult a local advocate for state-specific modifications, stamp duty calculation, and registration. Not legal advice. Explore related templates like Sale Deed Format, Gift Deed Sample, or Easement Agreement for more property solutions in India.

DEED OF CONVEYANCE SUBJECT TO RIGHT OF WAY

Non-Judicial

DEED OF CONVEYANCE SUBJECT TO RIGHT OF WAY

THIS DEED OF CONVEYANCE Is made at ... this ... day of ... between Mr 'A' of ... (hereinafter referred to as the 'Vendor') of the One Part, and Mr 'B' of ... (hereinafter referred to as 'the Purchaser') of the Other Part

WHEREAS the Vendor is absolutely seized and possessed of or otherwise well and sufficiently entitled to the piece of land situate at ... and more particularly described in the First Schedule hereunder written.

AND WHEREAS on a portion of the land there is a Bungalow which is occupied by the Vendor.

AND WHEREAS another portion of the said land exclusive of the land occupied by the said Bungalow and surrounding area necessary for the enjoyment of the Bungalow is completely vacant and Is not necessary for the enjoyment of the said Bungalow and is separated by sub division of the said land approved by the Town Planning Authority.

AND WHEREAS the Vendor has agreed to sell the said last mentioned portion of the land to the Purchaser subject to reserving a right of way or passage on the Eastern boundary of the said portion for the Vendor to pass and re-pass from the said Bungalow to the public road on which the said land is abutting.

AND WHEREAS the said portion of land agreed to be sold is shown on the plan of the whole of the said land, by red coloured boundary line, and Is more particularly described in the Second Schedule hereunder written and the said passage is shown by colour burnt sienna on the said plan hereto annexed and marked Annexure 'A'.

AND WHEREAS the Vendor has agreed to sell the said portion of the land described in the Second Schedule hereunder written to the Purchaser at the price of Rs... and has received from the Purchaser a sum of Rs... as earnest money on the execution of the said Agreement.

AND WHEREAS the Purchaser has requested the Vendor to execute these presents which he has agreed to do.

AND WHEREAS for the purposes of stamp duty the consideration/ market value is fixed at Rs ........

NOW THIS DEED WITNESSETH that pursuant to the said agreement and in consideration of the sum of Rs... paid as earnest money as aforesaid and of Rs... paid on or before the execution of these presents, making together the said sum of Rs... agreed to be paid by the Purchaser to the Vendor (receipt whereof the Vendor hereby admits) he, the Vendor doth hereby convey and transfer by way of sale unto the Purchaser all that piece of land situate at ... in the Registration Sub District of ... and more particularly described in the Second Schedule hereunder written and delineated on the plan thereof hereto annexed, by red coloured boundary line (being a part of the land described in the First Schedule hereunder written) TOGETHER WITH ALL the things permanently attached thereto or standing thereon and all the privileges, casements, profits, rights and appurtenances whatsoever to the said land or any Part thereof belonging or anywise appertaining thereto and ALL the estate, right, title. Interest, use, possession, benefit, claim and demand whatsoever at law or otherwise of the Vendor to the said piece of land hereby conveyed and every part thereof TO HOLD the same unto and to the use and benefit of the Purchaser absolutely and forever, subject to the payment of all the proportionate rents, rates. taxes, assessments, dues and duties now chargeable and payable and that may become chargeable and payable from time to time hereafter in respect of the same to the Government or the Municipal Corporation of ... or any other public body or local authority In respect thereof And Subject to the right of way of the Vendor Including that of the Vendor's agents, servants, family members and visitors and his heirs executors administrators and assigns to pass and re-pass over the said passage on the piece of land hereby conveyed and leading from the said Bungalow of the Vendor to the public road known as ... by night and day on foot or by vehicles and it is provided that the said passage will be kept open and unbuilt upon and without any obstruction by the Purchaser. his heirs, executors, administrators and assigns.

AND the Vendor doth hereby covenant with the Purchaser that,

the Vendor now has in himself good right and full power to convey and transfer by way of sale the said piece of land described In the Second Schedule hereunder written hereby conveyed or intended so to be unto and to the use of the Purchaser in the manner aforesaid,
The Purchaser may from time to time and at all times hereafter peaceably and quietly enter upon, occupy or possess and enjoy the said piece of land, hereby conveyed with Its appurtenances, and receive the rents, issues and profits thereof and every part thereof for his own use and benefit without any suit, lawful eviction, or interruption, claim and demand whatsoever from or by him the Vendor or his heirs or any of them or by any person or persons claiming or to claim, from, under or in trust for him or any of them. but subject to the said right of way.
the Purchaser shall, subject to what is provided hereinabove, hold the said land free and clear and freely and clearly and absolutely exonerated, and forever released and discharged or otherwise by the Vendor and well and sufficiently saved, defended, kept harmless and indemnified of from and against all former and other estates, titles, charges, and encumbrances whatsoever made occasioned and suffered by the Vendor or by any other person or persons claiming or to claim by, from, under or in trust for him,.
the Vendor and all persons having or claiming any estate, right, title or interest in the said land, hereby conveyed or any part thereof by. from, under or in trust for the Vendor or his heirs. executors, administrators and assigns or any of them shall and will from time to time and at all times hereafter at the request and costs of the Purchaser do and execute and cause to be done and executed all such further and other lawful acts. deeds, things, in the law whatsoever for the better and more perfectly and absolutely granting the said land, and premises and every part thereof hereby conveyed unto and to the use of the Purchaser In manner aforesaid as by the Purchaser, his heirs, executors, or administrators and assigns shall be reasonably required.

IN WITNESS WHEREOF the Vendor has put his hand the day and year first hereinabove written.

THE FIRST SCHEDULE ABOVE REFERRED TO:

THE SECOND SCHEDULE ABOVE REFERRED TO:

Signed and delivered by the within named Vendor Mr.... in the presence of

RECEIVED the day and year first hereinabove written from the abovenamed Purchaser the sum of Rs. ... which together with the sum of Rs. ... received as earnest money as aforesaid makes up the sum of Rs. being the full consideration to be paid by him to me.

I say received.

Vendor.

Witness

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Important Guidelines

Guidelines for Drafting a Deed of Conveyance Subject to Right of Way:

Title: Start with a clear title, such as "Deed of Conveyance Subject to Right of Way."
Parties: Identify the parties involved?the grantor (current property owner) and the grantee (new property owner). Include their full legal names, addresses, and contact details.
Property Description: Provide a detailed description of the property being conveyed, including its physical address, boundaries, and any specific details that define it.
Right of Way: Explicitly state the right of way being granted over the property, specifying its location, dimensions, and purpose (e.g., for access, utilities, etc.).
Easement Conditions: Include any conditions or limitations related to the right of way, such as restrictions on its use, maintenance responsibilities, or duration.
Consideration: Specify any consideration or payment made for the conveyance, if applicable.
Signatures: Ensure both parties involved sign the deed in the presence of witnesses and a notary public to make it legally binding.
Legal Review: Have the deed reviewed by legal professionals to ensure compliance with local real estate laws and regulations.

Common Mistakes to Avoid:

Inadequate Property Description: Provide a complete and accurate property description to avoid disputes over boundaries.

Unclear Right of Way: Clearly define the location, purpose, and any restrictions associated with the right of way.

Omitted Easement Conditions: Include any necessary conditions or limitations related to the right of way.

Failure to Notarize: Properly notarize the deed to ensure its legal validity.

Inadequate Legal Review: Consult with a real estate attorney or legal expert to ensure the deed complies with local regulations and accurately reflects the parties' intentions.

A Deed of Conveyance Subject to Right of Way is used when a property owner wishes to convey their property while granting another party the legal right to access or use a portion of the property for specific purposes. Clarity in the terms, proper legal review, and compliance with local laws are crucial to prevent disputes or legal issues related to the right of way. Consulting with legal professionals experienced in real estate matters is advisable to draft a comprehensive and legally sound deed.

Frequently asked questions

What is a Deed of Conveyance Subject to Right of Way?→

This is a legal agreement in India for transferring property ownership while granting the seller a permanent right of way (easement) over the property, such as for access. It ensures clear title transfer subject to the specified right.

Is this Deed of Conveyance valid in India?→

Yes, it is legally valid across India under the Transfer of Property Act, 1882, and Indian Easements Act, 1882, provided it is properly executed, stamped, and registered.

What is the stamp duty for a Deed of Conveyance Subject to Right of Way in India?→

Stamp duty varies by state; typically calculated on the property's market value as per the Indian Stamp Act. Consult local sub-registrar for exact rates and pay before registration.

In what format can I download this Deed of Conveyance?→

Download the customizable Deed of Conveyance in editable Word or ready-to-print PDF format for easy use in India.

Can I edit or customize this Deed of Conveyance Subject to Right of Way?→

Yes, it is fully customizable. Edit details like parties, property description, and right of way terms using Word before stamping and registering.

Who should use a Deed of Conveyance Subject to Right of Way?→

Property sellers retaining access rights (e.g., pathway) and buyers accepting such easements should use this legal document in India for safe conveyance.