The applicant property owner sought a declaration allowing her to remove a fence and erect locked gates on a right of way located on her property, which was used by the respondent embassy to access its rear parking lot.
The court found that the issue of the fence was res judicata due to a 1992 court order mandating its installation.
Furthermore, applying the principles of easement law, the court held that erecting locked gates would substantially interfere with the respondent's unimpeded access to its property, which had been established by historical use and previous agreements.
The application was dismissed.
