Colesberg Htl. v Alton Htl. [2003] JLR 176 (16 May 2003)

Colesberg Htl. v Alton Htl. [2003] JLR 176 (16 May 2003)

The court held that the construction of 'a tous usages' in a deed creating a servitude depends on evidence of its effect on Jersey conveyancing practice, and may either restrict or extend the use of the servitude beyond the original purpose.

Citation
[2003] JLR 176
Parties
Applicant: Colesberg Hotel; Respondent: Alton Hotel
Jurisdiction
Jersey
Judgment Date
16 May 2003
Procedural Posture
Civil / Judgment
Outcome
remitted for further evidence
Legal Topics
Servitudes, Construction of Deeds
Land Law Servitudes Construction of Deeds

Case Brief

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Parties

Colesberg Hotel

Applicant

Alton Hotel

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Interpretation of 'a tous usages' in deed creating servitude
  2. 2 Whether use of servitude can be restricted to original purpose or extended to other purposes

Ratio Decidendi

The court held that the construction of 'a tous usages' in a deed creating a servitude depends on evidence of its effect on Jersey conveyancing practice, and may either restrict or extend the use of the servitude beyond the original purpose.

Court Disposition

remitted for further evidence