[1] The subject matter of this appeal is a private right of way created by the Land Administrator, i.e the first respondent, over the appellant's land held under Grant No. 18520 Lot 417 ("Lot 417") in favour of adjacent land held under Grant No. 18521, Lot 418 ("Lot 418") owned by the second respondent.

[2] The site location and topography of both lots are as described in the engineering report (Ex OBS-3) tendered by the second respondent. Briefly, Lot 417 and Lot 418 are adjacent lots situated alongside Jalan Tanjung Bungah, Pulau Pinang. The northern boundary of both lots face Jalan Tanjung Bungah. The problem with Lot 418 is that it is not at the same level with Jalan Tanjung Bungah. Its boundary alongside Jalan Tanjung Bungah is a steep reinforced granite slope of 6 metres to 13 metres high from the road level, making it very costly to construct an access road from Lot 418 directly to Jalan Tanjung Bungah. The terrain 5 near the southern boundary is also hilly with steep slope. To the south of Lot 418 is a natural jungle without any existing access. In the east-west direction the ground levels increase from 27m-39m Redu