H. Damayanthi Samarasekara vs Sathyajith Deshabandu Welaratne – SC APPEAL 217/2014-2025

The court addressed the issue of the Plaintiff’s right of way over a disputed roadway, Jayaweera Mawatha, based on a series of title deeds and survey plans. It was held that the Plaintiff validly established a servitude of right of way, and the claim of abandonment through non-usage or obstruction was unsupported by law or evidence. The principle reaffirmed is that a servitude once created by title cannot be extinguished through temporary non-use or obstruction except as strictly prescribed by law. The decision relied on the interpretation of conveyances, servitude concepts under statutory and case law, and set a clear standard affirming that soil rights and allegations of abandonment do not negate a properly established right of way.

Achala Wengappuli J. — It was determined, upon deta