Kladis v Lowe

The plaintiffs in the matter of Kladis v Lowe sought an order compelling the first defendant, who was the owner of an abutting strip of land, and the second defendant, who owned a steep parcel of land, to approve an application to construct an elevated driveway over the first defendant’s land. The plaintiffs’ land had no vehicle access and was situated at the end of a cul-de-sac. They had a right of carriageway over the first defendant’s land, but this could only be enjoyed on foot. The plaintiffs sought to construct a driveway to gain vehicle access to their property. The defendants objected to the application, arguing that the proposed use of their land would unreasonably interfere with their rights and that the plaintiffs could not require the second defendant to agree to permanent ingress to a small portion of their land. The court was required to determine whether the plaintiffs’ right of carriageway for vehicles was capable of enjoyment, whether the plaintiffs could require the second defendant to agree to permanent ingress, and whether the plaintiffs’ proposed use unreasonably interfered with the defendants’ rights. The court found that the plaintiffs’ right of carriageway for vehicles was capable of enjoyment, and that the plaintiffs could require the first defendant to agree to permanent ingress. The court also found that the proposed use of the second defendant’s land would not unreasonably interfere with their rights, and that conditional relief could be granted. The plaintiffs were successful at least against the first defendant, and the court ordered that the plaintiffs formulate proposed orders.