Haas v Duquemin [2002] JCA 15 (17 January 2002)

Haas v Duquemin [2002] JCA 15 (17 January 2002)

Both appellant and respondents, as co-owners, are entitled to use the yard for parking subject to servitude restrictions; the appellant does not have exclusive parking rights, and the respondents may use the residual space, but neither party is entitled to exclusive possession of any part of the yard. Judicial regulation may be invoked if parties cannot agree on use.

Citation
[2002] JCA 15
Parties
Plaintiff/appellant: Elizabeth Anne Haas (née Daniel); Defendant/respondent: Frederick Lenfesty Duquemin; Defendant/respondent: Joan Betty Duquemin (née O'Toole)
Jurisdiction
Jersey
Judgment Date
17 January 2002
Procedural Posture
Civil Appeal / Appeal From Royal Court Judgment
Outcome
Appeals of both parties refused.
Legal Topics
Co Ownership, Servitudes, Parking Rights, Interpretation of Deeds, Judicial Regulation
Property Law Civil Procedure Co Ownership Servitudes Parking Rights Interpretation of Deeds Judicial Regulation

Case Brief

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Parties

Elizabeth Anne Haas (née Daniel)

Plaintiff/appellant

Frederick Lenfesty Duquemin

Defendant/respondent

Joan Betty Duquemin (née O'Toole)

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Royal Court Judgment

Legal Issues

  1. 1 Whether the appellant has an exclusive servitude right to park three cars in the yard
  2. 2 Whether respondents may also use the yard for parking
  3. 3 Interpretation of deeds of purchase and servitude provisions

Ratio Decidendi

Both appellant and respondents, as co-owners, are entitled to use the yard for parking subject to servitude restrictions; the appellant does not have exclusive parking rights, and the respondents may use the residual space, but neither party is entitled to exclusive possession of any part of the yard. Judicial regulation may be invoked if parties cannot agree on use.

Court Disposition

Appeals of both parties refused.

Orders

  • No exclusive parking rights granted to either party.
  • Both parties entitled to use yard for parking subject to servitude restrictions.