Blackburn v Kempson [1971] JJ 1747 (07 April 1971)

Blackburn v Kempson [1971] JJ 1747 (07 April 1971)

The restriction to building 'une seule maison' means a building for human habitation designed and constructed for occupation by one household, and it is immaterial that there is internal means of communication with an existing house of which it is an extension.

Citation
[1971] JJ 1747
Parties
Applicant: Blackburn; Respondent: Kempson
Jurisdiction
Jersey
Judgment Date
07 April 1971
Procedural Posture
Civil / Judgment
Outcome
restriction interpreted as limiting to one dwelling for one household
Legal Topics
Servitudes, Building Restrictions, Interpretation of Restrictive Covenants
Land Law Servitudes Building Restrictions Interpretation of Restrictive Covenants

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Parties

Blackburn

Applicant

Kempson

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Interpretation of the restriction to building 'une seule maison' on a plot of land

Ratio Decidendi

The restriction to building 'une seule maison' means a building for human habitation designed and constructed for occupation by one household, and it is immaterial that there is internal means of communication with an existing house of which it is an extension.

Court Disposition

restriction interpreted as limiting to one dwelling for one household