H. M. Podihamy Siriwardena et al. vs N. Yahennis Perera et al. – CA 397/1998-2012

The case between H. M. Podihamy Siriwardena and K. S. Asoka Ranmali et al. (Plaintiffs) and N. Yahennis Perera (Deceased) and N. Upali Pathmasiri Perera (Defendants) addressed the issue of entitlement to a declaration for road access over Lot ‘B’ on plan P1 as the sole access route from Lot ‘A’ to the public road, and whether the Defendant-Appellant could claim prescriptive rights to the disputed land. It was held that the Plaintiffs’ right of access was well established by documentary evidence and longstanding use, and the Defendant-Appellant’s claims for prescriptive rights and procedural objections were unsupported. The principle reaffirmed was that servitude by presumption or necessity will not be granted absent clear and convincing evidence, and that alleged prescriptive rights must b