Robert v Aglae (CS41/2018) [2018] SCSC 8324 (20 November 2018)

Robert v Aglae (CS41/2018) [2018] SCSC 8324 (20 November 2018)

The Plaintiff has a valid and enforceable right of way over Parcel T.1932 based on the registered agreement, and the lack of prescribed form does not invalidate the easement; the Defendant and his agents must not interfere with this access.

Citation
[2018] SCSC 8324
Parties
Plaintiff: Raja Robert; Defendant: Joseph Evans Aglae
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
20 November 2018
Case Number
CS41/2018
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim for right of way granted; damages and costs denied.
Legal Topics
Easements, Land Registration, Servitude, Right of Way
Source Language
English
Property Law Easements Land Registration Servitude Right of Way

Case Brief

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Parties

Raja Robert

Plaintiff

Joseph Evans Aglae

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Plaintiff has a legally valid right of way (easement) over Parcel T.1932 despite registration formalities
  2. 2 Whether the agreement dated May 2001 and registered in 2017 gives the Plaintiff a right of way that the Defendant cannot challenge

Ratio Decidendi

The Plaintiff has a valid and enforceable right of way over Parcel T.1932 based on the registered agreement, and the lack of prescribed form does not invalidate the easement; the Defendant and his agents must not interfere with this access.

Court Disposition

Plaintiff's claim for right of way granted; damages and costs denied.

Orders

  • Plaintiff has a motorable right of way/access on property T.1932.
  • Defendant and his agents are ordered not to interfere with the said road access.