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

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

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.

Citation
[1971] JJ 1949
Parties
Applicant: Baudains; Respondent: Simon
Jurisdiction
Jersey
Judgment Date
08 December 1971
Procedural Posture
Civil / Judgment
Outcome
servitude recognized
Legal Topics
Servitudes, Chemin De Voisine, Private Road, Prescription
Land Law Servitudes Chemin De Voisine Private Road Prescription

Case Brief

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Parties

Baudains

Applicant

Simon

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether a private road (chemin de voisine) was established by long usage and presumed to have legal origin

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

Orders

  • The private road (chemin de voisine) is declared a valid servitude established by long usage.