gustav kovan mr. e.l. mr. - worldcourts · gustav kovan before; ... (iv) as concrete (v) that the...
TRANSCRIPT
CIVIL APPEAL N0.6 of
GUSTAV KOVAN
Before; The Honourable the Honourable Mr. Justice E.L. St. Bernard
E. Adars E
line of
Honourable Mr. Justice N.
eLber Decenber
in this
land
J&
) has established
the
The fncts
dee eased, the ovmer of acres of lo.nd
nde a deed of of acres 2 roods
in
to his son the deed of
1)
,Tm:;es
less
estate as
his
acres
no.21 of
he 1.30 acres r:::ore or in trust for Adeline
Ethel and his
Clf :mc1 sold
deed of conveynnc.e no, of
130 ncres sur< of
a.rs,
The 's s e ~s
Later
4 ..
s as
!!The mar 1c on was
. I examined i.t, It was
feet square and
into the
the mark on
the mark between the
This mark also appears on
on in at page record
nThe 11An \'vas the mark
and the and
and bu:i.lt and
it in
Leslie said in relation
sar:te one defendant showed when he
land, The
the
for it
had
it butt
covered
of
and sent
same
me
the mark. was cleared, It is about , 411
under the sand ,
and men
over the old one.
I was
up another
vvas not there
when rnonument vms found. !f
The and his
existence marker at
as
said
both
the
not
's
denials,
in
- 5 -
l1etween the
c in
his of survey
because he
further
line
he
is
e
di
ss
His
(i) marl~er exist
i was
feet or
of
( that the
defEndant showed
his when he
the defendant.
(iv) as
concrete
(v) that the defendnnt confirmed
marker was in
ns
his
on
s
over his
Real
in
Estate
of the 8.8
own land, The matter is
II 3rd
3,-
"An easement is essent a
(in the of
over s ovrn land. the
);HJ.SSOS over
not a of
he is use
one another,
the must
also occupy
easement is rendered
of
the tirne
Camel
estate
way
his
As
be created which could
the
of way.
father
and the
there was an
use
never was any
of way
E.O.l makes
in
on hi
the
The under the
had
in excess 20 s claim was
as he admitted that the had
this road in which JaS
claim was based custom and
used the Road as a
this
8
is
was based
over
counsel for
obtained s
v;:: thdrawn The second l:i
submitted that members of
for over years. In
- 10 -
question was
to the of due the
Ordinance refer the Saint alsc:
or belt of land of in
mark hnd been reserved the coo.st
Counsel contended tho.t Ordinance
in (q
the occurs·-
"St, Vincent 11 , "this It
Hthe St. Vincent s
all British
f!
it was contended as
"\VaS ion
the: sub view
is
that the
and
reserv<:ld St, Vincent
coast
Three Chains which existence
It creates of way. In effect
because the may have
Chains were ent pnss 's
contention is untenable,
the reasons I am the that the rial
in the s claim exercise a
Ctlmel Road. I costs and
This
boundary of
11 -
of a as
1 s land and also in
over a road knovm as the Camel on
acres. In acres
and further f'IYrl\TI~,~~Hl
) his son. In he
trust for less to Eitel
and sold 5 acres
nool061 of
roods 7
On the same date the conveyance acres to the
executed a document Charles
that the to enter
is the Buck
c
In the and
for use for his servants
wrote to the other two and enclosed of
letters are as
!!
2nd Mr" M
Port
Dear Sir
I the your
date my for you a:nd your servants
walk or use the road from Cmnel your lnnds
the
Your untH further
- 12 ~
Port
2nd
acts
my
rny a
of Mrs. to
se
your
tied. Yours
( )C
In after tho
acres the
Road, This vms
with effect
forenoon C,3).
month
entered on 's land and
removed
::::rod of tho Cnmel nnd cut and
The trial for the on
the 's counterclaim,
for s Court are two
(a) what the between the 's
land and the Is?
(b) the to use of the Camel
as
)
)
that the
as
the marker;
in
nccurate and
the above
rrry view;
's fence fell
with the defendant.
of fact
's
are
s
of
and reasonable
must
the respect of the second cmmsel for the
's of user f(Jr years failed as
went on to
as use
establish
of the
rejected them as
no
the one in
Counsel
1943 the user of
deed.
BTQGETHER
in
or
road
were
easements
of the Three
:public a
as
11The Public
of
used
upon the same gave
were
of user
the
s order
t Road. The t
m;;r
to
order
:-
to
ditches
and
land
a
the Camel
transfer.
the same
Road, of
and all
as now and
In vievr all that this section doas to preserve
s of wo.y as at the time of the
in 1887. It not create a
they
costs.
For the reasons stated
1vey for the
I would dismiss
such
use as
This is an
the appellant 1 s count
in the
(
(b) a
enter
(c) an
The s
in the
It s
line between
As
were adduced
one by dated
at
~ 16 -
the
and
terms:-
sU1:1 of
as
read,
in
at the
December
of
in favour
00
's
's
s are
all land
in
)
c .4
it shows a nonument or
the north-eastern corner which does
as follows at the
is the mark Mr.
> and was the
found and and was line.
in
In his second GR164 (exhibit
it. He as '1\N at the western end
e,
- 17 -
he to awrry
c .4
knew tl: .. n.t
On a. view of
a. nur:1ber of
thorn his )
and are to be fotmd at page 31
the
( ) that
the
marker
) marker was
concrete o.t
) that the most
the r:mrl-:er;
) that the
was a
as
have so found, In m;;r
In
)
as it was
i.e
(ii) he to
) &'1d
of user over
(iii) he
with the
's case on
to at
in
c .3)
learned
the r:1o.tter. has
) (vii) and
tho are as
s
are
of
with the land
of
(
been a
( )