Costa v. Rowell – sllr 1992 volume 1 page 005

In Costa v. Rowell, the court addressed the entitlement of a right of way by necessity for a landlocked subdivided lot to access a public road, the permissible extent of such rights over a neighbouring lot following a subdivision, and the effect of prior gifting and subdivision on access rights and servitudes. It was determined that although the plaintiff’s land was landlocked due to subdivision from a larger parcel, no right of way of necessity extended over the defendant’s land. This holding reaffirmed the principle that a right of way by necessity cannot be imposed across a neighbouring lot after certain subdivisions, relying on Nagalingam v. Kathirasapillai and related authority. The appellate court ultimately allowed the appeal and dismissed the plaintiff’s action with costs, undersco