Thellamurege Don Pubudu Mangala Samaranayake vs Priyanthi Kuruppu Nanayakkara and others – SC Appeal 172/ 2010-2025

In the matter of Freddy Kuruppu Nanayakkara (deceased) and Thellamurege Don Yasapala Padmasiri Samaranayake (deceased), the court addressed the issue of whether the High Court erred in upholding the Plaintiff’s prescriptive right-of-way or right-of-way of necessity. The court held that the Plaintiff had established a prescriptive right-of-way and a right-of-way of necessity, affirming the decisions of the lower courts. This decision relied on evidence demonstrating continuous, uninterrupted, and adverse use of the roadway, and the absence of alternative access. The key takeaway is that established use and lack of alternatives can create a right-of-way, even if not explicitly mentioned in deeds, and the burden of proving permissive use rests with the party asserting it.

Sobhitha Rajakaru