Arbaugh v Leyland [1967] JJ 745 (06 June 1967)
The contractual servitude restricting the erection of detached buildings on the land extends to a wooden garden shelter, notwithstanding its movability.
- Citation
- [1967] JJ 745
- Parties
- Applicant: Arbaugh; Respondent: Leyland
- Jurisdiction
- Jersey
- Judgment Date
- 06 June 1967
- Procedural Posture
- Civil / Judgment
- Outcome
- claim dismissed
- Legal Topics
- Servitudes, Restrictive Covenants, Land Use
Case Brief
Summary, issues, holding and outcome
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Parties
Arbaugh
Applicant
Leyland
Respondent
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether a contractual servitude restricting building on land extends to a wooden garden shelter
Ratio Decidendi
The contractual servitude restricting the erection of detached buildings on the land extends to a wooden garden shelter, notwithstanding its movability.
Court Disposition
claim dismissed
Full Case Text
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