Hawkins v Russell [1971] JJ 1813 (12 July 1971)

Hawkins v Russell [1971] JJ 1813 (12 July 1971)

An owner of enclave land is entitled to a way of necessity over neighbouring land to gain access to a public highway.

Citation
[1971] JJ 1813
Parties
Applicant: Hawkins; Respondent: Russell
Jurisdiction
Jersey
Judgment Date
12 July 1971
Procedural Posture
Civil / Judgment
Outcome
applicant entitled to way of necessity
Legal Topics
Servitude, Right of Way, Way of Necessity, Enclave Land
Land Law Servitude Right of Way Way of Necessity Enclave Land

Case Brief

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Parties

Hawkins

Applicant

Russell

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Is the owner of enclave land entitled to a way of necessity over neighbouring land to access a public highway?

Ratio Decidendi

An owner of enclave land is entitled to a way of necessity over neighbouring land to gain access to a public highway.

Court Disposition

applicant entitled to way of necessity

Orders

  • Applicant granted right of way over respondent's land to access public highway