Baudains v Simon [1971] JJ 1949 (08 December 1971)
- Citation
- [1971] JJ 1949
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that the private road (chemin de voisine) was established by long usage and is presumed to have a legal origin, thus constituting a valid servitude.
Court disposition
servitude recognized
Orders
- The private road (chemin de voisine) is declared a valid servitude established by long usage.
02
Material facts
Parties
Baudains
ApplicantSimon
Respondent03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
Whether a private road (chemin de voisine) was established by long usage and presumed to have legal origin
Party arguments
- Applicant
- Applicant contended that the private road was established by long usage and should be recognized as a legal servitude.
- Respondent
- Respondent disputed the existence or legal recognition of the servitude based on usage.
05
Court’s reasoning
Legal principles
- 01
Jersey customary law
A servitude such as a chemin de voisine may be established by long usage, which gives rise to a presumption of legal origin.
06
Ratio, limits and disposition
Ratio decidendi
The court held that the private road (chemin de voisine) was established by long usage and is presumed to have a legal origin, thus constituting a valid servitude.
Court disposition
servitude recognized
- The private road (chemin de voisine) is declared a valid servitude established by long usage.
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Baudains v Simon [1971] JJ 1949 (08 December 1971) URL: https://www.bailii.org/je/cases/JLR/1971/JLR711949.html Cite as: [1971] JJ 1949 [ New search ] [ Help ] Baudains v Simon 1971 J. J. 1949 (08 December 1971) Land Law-servitudes-chemin de voisine-private road established by long usage and presumed to have legal origin The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1971 J. J. 1949 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1971/JLR711949.html
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