Colesberg Hotel v Alton Hotel [2003] JCA 083 (16 May 2003)

Colesberg Hotel v Alton Hotel [2003] JCA 083 (16 May 2003)

Even assuming the restrictive interpretation of 'à tous usages', the use of the right of way for access to residential flats and associated parking on the garden site was within the contemplation of the parties to the 1871 deed and does not constitute an aggravation of the servitude. Allocation of parking spaces to residents who are occupiers of the dominant tenement is a permitted use. The proposed use does not inevitably render the burden on the servient tenement more onerous or inconvenient.

Citation
[2003] JCA 083
Parties
Plaintiff/appellant: The Colesberg Hotel (1972) Limited; Defendant/respondent: Alton Hotel Limited
Jurisdiction
Jersey
Judgment Date
16 May 2003
Procedural Posture
Civil Appeal / Appeal From Royal Court Judgment Dated 6 February 2003
Outcome
Appeal dismissed; judgment of the Royal Court upheld.
Legal Topics
Servitudes, Right of Way, Interpretation of Deeds, Aggravation of Servitude, Jersey Land Law
Property Law Servitudes Right of Way Interpretation of Deeds Aggravation of Servitude Jersey Land Law

Case Brief

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Parties

The Colesberg Hotel (1972) Limited

Plaintiff/appellant

Alton Hotel Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Royal Court Judgment Dated 6 February 2003

Legal Issues

  1. 1 Whether the proposed use of a right of way by the Defendant constitutes an aggravation of the servitude under Jersey law
  2. 2 Interpretation of the phrase 'à tous usages' in the 1871 deed granting the right of way
  3. 3 Whether allocation of parking spaces to residents of flats on a different tenement constitutes an impermissible use of the servitude

Ratio Decidendi

Even assuming the restrictive interpretation of 'à tous usages', the use of the right of way for access to residential flats and associated parking on the garden site was within the contemplation of the parties to the 1871 deed and does not constitute an aggravation of the servitude. Allocation of parking spaces to residents who are occupiers of the dominant tenement is a permitted use. The proposed use does not inevitably render the burden on the servient tenement more onerous or inconvenient.

Court Disposition

Appeal dismissed; judgment of the Royal Court upheld.