Senior Reporter
kevon.felmine@guardian.co.tt
A High Court judge has declared that a Roxborough family is entitled to a right of way across a neighbouring property, after decades of disputed access left their land effectively landlocked.
In a case in which Justice Frank Seepersad noted the absence of “that spirit of good and neighbourly conduct” synonymous with Tobagonians, Maudlyn, Ava, Karmaria, and Karina London brought a claim against Peaches Douglas.
The claimants sought a declaration that they were entitled to pass and repass over a narrow strip of land measuring approximately 2.5 metres wide and 56 feet in length, which connects their property to the main road.
In her defence, Douglas, the daughter of Barnis Douglas, argued that her father did not permit anyone to traverse the land without consent. She noted that in the 1980s, when a relative of the Londons began using the strip, her father took legal action against the individual and the First Claimant for trespass. According to her, the Londons’ use of the land had been sporadic, and the alternative route to their property, she said, was viable.
During the trial, Seepersad conducted a site visit to the properties involved and observed that the alleged alternative pathway suggested by the defendant was not a practical option. It passed through steep, uneven terrain, loose soil, and portions of another property, making it dangerous and nearly impassable, particularly during Tobago’s rainy season.
Based on the site inspection and evidence, the court found that the contested strip of land was the only effective access between the claimants’ property and the main road.
Justice Seepersad yesterday also reflected on the wider context of Tobago’s community culture, noting that while many Tobagonians often demonstrate “a strong and admirable sense of community” and neighbourly cooperation.
The court found the Londons’ evidence credible and consistent, showing that they and their licensees had used the strip continuously for decades. Historical documents indicated that even after the 1990 injunction granted to Barnis Douglas in a previous trespass action, the claimants continued to use the pathway, satisfying the legal requirements for an easement by prescription: usage “without force, without secrecy, and without permission.”
Seepersad also noted that while easements typically require identifiable dominant and servient tenements, the unique topography of Tobago and the landlocked nature of the claimants’ property justified recognising a right of way by prescription. The court accepted that the pleadings submitted by the claimants sufficiently outlined the long-standing use of the pathway, even without explicitly using the term “easement by prescription.”
As a result, the court declared that the claimants are entitled to a right of way across the defendant’s strip of land for themselves, their servants, and licensees, on foot and by vehicle.
The court reserved the issue of legal costs for a later hearing.
