7 Mar 2012
LYONS V BRESLIN AND ORS HC AK CIV-2009-404-7165
- Citation
- openlaw-6f7e32a7_05d8_4e4f_b5cf_8c39f18b482f.pdf
- Court
- High Court
Number 31 was held not to be landlocked under s 326/327 because it has reasonable access by pedestrian and vehicular means (recorded right-of-way and coastal walkway with proximate street parking) sufficient for the permitted use; the 1944 easement does not grant a right to park permanently on the right-of-way where parking would risk substantial obstruction; Schedule 5 cl 2(a) PLA 2007 permitted the Lyons to form the driveway and no actionable trespass was proved; accordingly s 327 relief and declaration for permanent parking were refused and trespass claim dismissed.