Arbaugh v Leyland [1967] JJ 745 (06 June 1967)

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

  1. 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