Laurette & Anor v Sullivan (CS 284/2003) [2004] SCSC 42 (1 October 2004)

Laurette & Anor v Sullivan (CS 284/2003) [2004] SCSC 42 (1 October 2004)

The Plaintiffs' property is enclaved and the only practical access to the public road is through the Defendant's property. The Plaintiffs are entitled to a right of way over Title T747 under Articles 682 and 683 of the Civil Code of Seychelles, subject to the conditions previously agreed with the Defendant.

Citation
[2004] SCSC 42
Parties
Plaintiffs: Laurette & Or; Defendant: Sullivan
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
1 October 2004
Case Number
CS 284/2003
Procedural Posture
Civil / Judgment
Outcome
Plaintiffs granted right of way over Defendant's property subject to conditions.
Legal Topics
Easements, Right of Way, Enclaved Land
Source Language
English
Property Law Easements Right of Way Enclaved Land

Case Brief

Summary, issues, holding and outcome

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Parties

Laurette & Or

Plaintiffs

Sullivan

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Plaintiffs are entitled to a right of way over the Defendant's land under the Civil Code due to their property being enclaved.

Ratio Decidendi

The Plaintiffs' property is enclaved and the only practical access to the public road is through the Defendant's property. The Plaintiffs are entitled to a right of way over Title T747 under Articles 682 and 683 of the Civil Code of Seychelles, subject to the conditions previously agreed with the Defendant.

Court Disposition

Plaintiffs granted right of way over Defendant's property subject to conditions.

Orders

  • Plaintiffs are entitled to a right of way over Title T747 as per the agreed conditions.
  • The right of way shall be 3 metres wide with up to 2 metres for drainage.