Jersey Judgment

Baudains v Simon [1971] JJ 1949 (08 December 1971)

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Professional case brief

Research organized from the available case record

Source document

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

Applicant

Simon

Respondent

03

Procedural history

  1. 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

  1. 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

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Judgment text

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Source document

Court record

Judgment

[1971] JJ 1949

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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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