Kingfish Lodge (1993) Ltd v Archer

In the case of Kingfish Lodge (1993) Ltd v Archer, the Court of Appeal was tasked with determining the nature of access to a landlocked property. The property in question was only accessible by sea, leading to a dispute over whether this constituted "physical access" under section 129B of the Property Law Act 1952. The court needed to decide whether sea access alone qualified as physical access, and if not, whether the discretion under the statute should be exercised to grant landlocked status to the property. The appeal hinged on the interpretation of "physical access" and the application of the discretion under section 129B.

The Court of Appeal considered the general principles for determining whether land is landlocked and whether sea access alone constitutes physical access. The court found that sea access did not meet the statutory requirement for physical access as it was not a practical or convenient means of access for the purposes of the Act. The court exercised its discretion under section 129B to declare the property landlocked, granting it the benefits associated with such status. The court concluded that the property's reliance on sea access did not provide the necessary practical and convenient means of access required by the statute.

The final orders of the Court of Appeal declared the property to be landlocked under section 129B of the Property Law Act 1952, thereby granting it the associated benefits. The court's decision underscored the importance of practical and convenient access in determining landlocked status and the appropriate exercise of discretion under the statute.