(CMR) The Public Lands Commission (PLC) is seeking the court's intervention to restore public access to a pathway that has been used to access “Little Spotts Beach” for more than 20 years.
In documents filed on 18 October, Gianluca Romano and Veronique Marie-Claude Romano are listed as defendants in the matter with the PLC.
According to court documents, Beach Access NS5 located on Block 57A Parcel 105 is a road, track, or pathway over land adjoining or adjacent to the beach commonly known as “Little Spotts Beach” that has been used by the public or any class of the public as a means of access to the beach without interruption for more than twenty years prior to the date of this application.”
The PLC is seeking a declaration that the public has an absolute and indefeasible right to use Beach Access NS5 as it is a prescriptive public right of way pursuant to section 4(1) of the Prescription Act (2018 Revision).
The PLC also wants an order that the Defendants shall ensure public access is restored and maintained to Beach Access NS5 within 7 days, and a declaration that the erection of the gate on October 31, 2022 to permanently interfere with the public’s use of Beach Access NS5 was contrary to the Prescription Act (2018 Revision).
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