Denise v Heirs Sullivan & Ors (CS 214/1996) [2003] SCSC 5 (28 February 2003)

The Plaintiff's parcel is enclaved and the only practical, shortest, and least damaging motorable access to the public road is via the route labelled 'Drive' crossing the Defendants' properties. The Defendants failed to prove otherwise. The Plaintiff is entitled to a right of way as claimed.

Citation: [2003] SCSC 5
Parties: Plaintiff: Denise; First and Second Defendants: Heirs Suzanne & Ludovic M Sullivan; Third Defendant: Third Defendant; Fourth Defendant: Fourth Defendant; Fifth Defendant: Fifth Defendant
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 28 February 2003
Case Number: CS 214/1996
Procedural Posture: Civil / Judgment
Outcome: Plaintiff's claim granted
Legal Topics: Right of Way, Enclaved Land, Servitude, Access to Public Road
Source Language: English

Property Law Right of Way Enclaved Land Servitude Access to Public Road

Case Brief

Summary, issues, holding and outcome

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Parties

Denise

Plaintiff

Heirs Suzanne & Ludovic M Sullivan

First and Second Defendants

Third Defendant

Fourth Defendant

Fifth Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the Plaintiff is entitled to a right of way over the Defendants' properties to access the public road under Articles 682 & 683 of the Civil Code of Seychelles

Ratio Decidendi

Court Disposition

Plaintiff's claim granted

Orders

Plaintiff declared to have a motorable right of way over Defendants' properties as per the 'Drive' in Exhibit K
No hindrance or obstruction to Plaintiff's access