RYAMAGE DONA KAMALAWATHIE vs. Defendant – sllr 2014 volume 1 page 403

In the case between the Plaintiff-Appellant (property owner claiming a right of way) and the Defendant-Respondent, the court addressed whether continuous use of a 3-feet wide roadway since 1983 constituted a legal right of way by prescription and necessity, and whether documentary errors or a broader claim (for a 10-feet road) altered this entitlement. It was held that long-term, uninterrupted use of the 3-feet wide roadway satisfied legal requirements for prescription and necessity, thereby conferring a right of way over a clearly demarcated passage. Previous decisions were set aside, and the appeal was allowed without an award of costs. This reaffirmed the principle that consistent and continuous use can establish legal rights, even where the grant sought is broader than the use evidence