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Section V   The Right of Way

Revised Laws of Saint Lucia (2021)

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Section V   The Right of Way

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    486.   A proprietor whose land is enclosed on all sides by that of others, and who has no communication with the public road, may claim a way upon that of his or her neighbours for the use of his or her property, but must pay an indemnity proportionate to the damage he or she may cause.

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    487.   The way must generally be had on the side where the crossing is shortest from the land so enclosed to the public road.

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    488.   It should however be established over the part where it will be least injurious to him upon whose land it is granted.

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    489.   If the land becomes so enclosed in consequence of a sale, of a partition, or of a will, it is the vendor, the co-partitioner, or the heir, and not the proprietor of the land which offers the shortest crossing, who is bound to furnish the way, which is in such case due, without indemnity.

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    490.   If the way thus granted cease to be necessary, it may be suppressed, and in such case the indemnity paid is restored, or the annuity agreed upon ceases for the future.

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    491.   Right of way is established on behalf of an adjoining proprietor or on behalf of the public, by a prescription of 30 years, even in the absence of any necessity for such right.

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