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

as

al

in

iSSU<:?

The

order

also a surveyor'

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

)

is

11

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

in

falls

- 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

In

show

c

December

in

custer:n

is

)

)

s

the

mark betvveen his

)

)

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

( )

all

use

fact

'S

Io.m

it