K. Nagalingam et al Vs Kathirasipillai et al – SC APPEAL NO. 31/2019-2021

In the case between the substituted Plaintiff-Respondents (members of the Vitharanage family) and the substituted Defendant-Appellant-Respondents (members of the Gunarathne family), the court addressed the issue of whether a party acquiring a subdivided, landlocked portion is entitled to claim a servitude of right of way of necessity over adjoining land. It was held that a servitude of right of way cannot be claimed where the plaintiff, upon purchasing the landlocked portion, assumes responsibility for access and where the alleged right of way is not situated within the defendant’s property. The reasoning reaffirmed the principle that creation and scope of rights of way depend on necessity, strict interpretation of property boundaries, and the doctrine regarding dominant and servient tenem