(Saint Lucia) The claimants sought vehicular access to their land. It was full enclosed by other land, and they sought an easement of necessity as provided by the Civil Code. The provisions came from the Napoleonic Code. The proposed route was economically preferable, but the other was the shortest, which was the factor chosen by the code.
Held: The appeal was dismissed. There were no facts put forward to ground a rejection of the findings of the two courts below. Since those others over whose land the alternate roadway might go were not parties to the case, no order could be made in that respect.
Judges:
Lord Browne-Wilkinson, Lord Lloyd of Berwick, Lord Nolan, Lord Nicholls of Birkenhead, Lord Clyde
Citations:
[1997] UKPC 16
Links:
Land, Commonwealth
Updated: 01 June 2022; Ref: scu.159227