Colesberg Htl. v Alton Htl. [2003] JLR 47 (06 February 2003)

Colesberg Htl. v Alton Htl. [2003] JLR 47 (06 February 2003)

A servitude created for a particular purpose cannot be exercised for another purpose, even if the burden remains unchanged; however, a servitude created for general benefit may be exercised for any purpose as long as the burden on the servient tenement is not increased.

Citation
[2003] JLR 47
Parties
Applicant: Colesberg Hotel; Respondent: Alton Hotel
Jurisdiction
Jersey
Judgment Date
06 February 2003
Procedural Posture
Civil / Judgment
Outcome
judgment for respondent
Legal Topics
Servitudes, Alteration of Burden, Dominant Tenement, Servient Tenement
Land Law Servitudes Alteration of Burden Dominant Tenement Servient Tenement

Case Brief

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Parties

Colesberg Hotel

Applicant

Alton Hotel

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the dominant tenement may increase or alter the burden on the servient tenement
  2. 2 Whether servitudes created for a particular purpose may be exercised for another purpose
  3. 3 Whether servitudes created for general benefit may be exercised for any purpose if the burden is not aggravated

Ratio Decidendi

A servitude created for a particular purpose cannot be exercised for another purpose, even if the burden remains unchanged; however, a servitude created for general benefit may be exercised for any purpose as long as the burden on the servient tenement is not increased.

Court Disposition

judgment for respondent