Parish of St Helier -v- Minister for Infrastructure [2017] JCA 027 (20 February 2017)

Parish of St Helier -v- Minister for Infrastructure [2017] JCA 027 (20 February 2017)

The contract validly transfers the Bellozanne Destructor Property and associated lands from the Parish of St Helier to the Public of this Island, extinguishes all seigneurial rights on payment of agreed sums, and imposes binding obligations on the purchaser to accept waste and employ existing staff, with transitional arrangements for nursery beds and plants, all in perpetuity.

Citation
[2017] JCA 027
Parties
Vendor: Parish of St Helier; Purchaser: Public of this Island; Seigneurial Rights Seller: Her Majesty, Dame of the Fief of the Abbey of Bellozanne; Seigneurial Rights Seller: Vivian John Bailhache, Seigneur of the Fief of Godelière
Jurisdiction
Jersey
Judgment Date
20 February 2017
Procedural Posture
Contract of Hereditary Lease and Sale / Final Contract Passed Before Royal Court
Outcome
contract of hereditary lease and sale approved and registered; property and rights transferred; seigneurial rights extinguished
Legal Topics
Hereditary Lease, Sale of Immovable Property, Seigneurial Rights, Public Law Obligations
Property Law Contract Law Hereditary Lease Sale of Immovable Property Seigneurial Rights Public Law Obligations

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Parties

Parish of St Helier

Vendor

Public of this Island

Purchaser

Her Majesty, Dame of the Fief of the Abbey of Bellozanne

Seigneurial Rights Seller

Vivian John Bailhache, Seigneur of the Fief of Godelière

Seigneurial Rights Seller

Procedural Posture

Contract of Hereditary Lease and Sale / Final Contract Passed Before Royal Court

Legal Issues

  1. 1 Transfer of ownership and leasehold rights in immovable property
  2. 2 Extinguishment of seigneurial rights
  3. 3 Obligations attached to transferred property

Ratio Decidendi

The contract validly transfers the Bellozanne Destructor Property and associated lands from the Parish of St Helier to the Public of this Island, extinguishes all seigneurial rights on payment of agreed sums, and imposes binding obligations on the purchaser to accept waste and employ existing staff, with transitional arrangements for nursery beds and plants, all in perpetuity.

Court Disposition

contract of hereditary lease and sale approved and registered; property and rights transferred; seigneurial rights extinguished

Orders

  • The Public of this Island shall pay £22,500.00 Sterling to the Parish of St Helier within ten days of contract passing.
  • The Public of this Island shall pay £680.00 Sterling to the Receiver-General for Her Majesty for seigneurial rights on the Fief of the Abbey of Bellozanne.