1998/220 - Blampied representation [1998] UR 220 (4 November 1998)

1998/220 - Blampied representation [1998] UR 220 (4 November 1998)

The restrictive covenants in the contracts of sale for Croydon Terrace properties are ambiguous, but the intention was to limit the restriction to the gardens forming part of the properties conveyed, not to the land subsequently developed as Croydon Mews. Rectification is refused, but the Court interprets the clauses accordingly.

Citation
[1998] UR 220
Parties
Applicant: Alan James Blampied; Applicant: Stephanie Josiane Blampied née Dugler; Respondents: Owners of properties in Croydon Terrace and Croydon Mews
Jurisdiction
Jersey
Judgment Date
04 November 1998
Procedural Posture
Representation / Judgment
Outcome
rectification refused; interpretation granted
Legal Topics
Rectification of Contract, Restrictive Covenants, Interpretation of Contracts, Servitudes
Property Law Contract Law Rectification of Contract Restrictive Covenants Interpretation of Contracts Servitudes

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Parties

Alan James Blampied

Applicant

Stephanie Josiane Blampied née Dugler

Applicant

Owners of properties in Croydon Terrace and Croydon Mews

Respondents

Procedural Posture

Representation / Judgment

Legal Issues

  1. 1 Whether the restrictive covenants in the contracts of sale prevent building on land now forming Croydon Mews
  2. 2 Whether the contracts of sale should be rectified to clarify the scope of the restrictive covenants
  3. 3 Proper interpretation of the restrictive covenants in the contracts

Ratio Decidendi

The restrictive covenants in the contracts of sale for Croydon Terrace properties are ambiguous, but the intention was to limit the restriction to the gardens forming part of the properties conveyed, not to the land subsequently developed as Croydon Mews. Rectification is refused, but the Court interprets the clauses accordingly.

Court Disposition

rectification refused; interpretation granted

Orders

  • Judicial Greffier to make an appropriate marginal note against the entries of the relevant contracts in the Public Registry reflecting the Court's interpretation