Haas (nee Daniel) v Duquemin [2002] JLR 27 (17 January 2002)
- Citation
- [2002] JLR 27
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Land Law Co Ownership Dispute / Judgment
More details
- Posture
- Land Law Co Ownership Dispute / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that the use of a co-owned yard for parking by a co-owner is not subject to the right of veto, as the veto is limited to actions that alter the property or proprietary rights.
Court disposition
Applicant's claim dismissed
02
Material facts
Parties
Haas (nee Daniel)
ApplicantDuquemin
Respondent03
Procedural history
Posture
Land Law Co Ownership Dispute / Judgment
04
Questions and positions
Legal issues
Whether a co-owner's right of veto extends to the use of co-owned property for parking
Party arguments
- Applicant
- The applicant argued that the use of the co-owned yard for parking by a co-owner should be subject to the right of veto by the other co-owner.
- Respondent
- The respondent contended that the right of veto is limited to actions altering the property or proprietary rights, and does not extend to ordinary use such as parking.
05
Court’s reasoning
Legal principles
- 01
Jersey Land Law
The right of veto of a co-owner is restricted to actions altering the property or proprietary rights.
06
Ratio, limits and disposition
Ratio decidendi
The court held that the use of a co-owned yard for parking by a co-owner is not subject to the right of veto, as the veto is limited to actions that alter the property or proprietary rights.
Court disposition
Applicant's claim dismissed
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Haas (nee Daniel) v Duquemin [2002] JLR 27 (17 January 2002) URL: https://www.bailii.org/je/cases/JLR/2002/JLR020027.html Cite as: [2002] JLR 27 [ New search ] [ Help ] Haas (nee Daniel) v Duquemin 2002 JLR 27 (17 January 2002) Land Law-ownership en indivis-rights of co-owner-right of veto restricted to actions altering property or proprietary rights-use of co-owned yard for parking by co-owner not subject to veto 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: 2002 JLR 27 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2002/JLR020027.html
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