Cotillard and Ors -v- O'Connor and Ors [2007] JRC 005 (12 January 2007)

Cotillard and Ors -v- O'Connor and Ors [2007] JRC 005 (12 January 2007)

The Servitude prohibits only the erection or construction of buildings other than middle-class dwelling houses with appropriate outbuildings and garages. Ancillary items such as boundary walls, driveways, parking areas, and roads are not prohibited. The purpose or beneficiary of the works is irrelevant; the Servitude is concerned with what is erected or constructed, not with use or for whose benefit. The proposed works do not breach the Servitude.

Citation
[2007] JRC 005
Parties
First Representor: Mrs Cotillard; Second Representors: Mr and Mrs Delauney; First Respondents: Mr and Mrs O'Connor; Representing the Public: Attorney General; Appointed Under Rule 4/4 Royal Court Rules to Represent Affected Owners: Advocate Michel
Jurisdiction
Jersey
Judgment Date
12 January 2007
Procedural Posture
Representation for Declaratory Relief / Judgment
Outcome
declaratory relief granted
Legal Topics
Interpretation of Servitude, Restrictive Covenants, Declaratory Relief
Property Law Servitudes Interpretation of Servitude Restrictive Covenants Declaratory Relief

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Parties

Mrs Cotillard

First Representor

Mr and Mrs Delauney

Second Representors

Mr and Mrs O'Connor

First Respondents

Attorney General

Representing the Public

Advocate Michel

Appointed Under Rule 4/4 Royal Court Rules to Represent Affected Owners

Procedural Posture

Representation for Declaratory Relief / Judgment

Legal Issues

  1. 1 Whether proposed works to the Sale Land breach the Servitude
  2. 2 Proper interpretation of the Servitude clause

Ratio Decidendi

The Servitude prohibits only the erection or construction of buildings other than middle-class dwelling houses with appropriate outbuildings and garages. Ancillary items such as boundary walls, driveways, parking areas, and roads are not prohibited. The purpose or beneficiary of the works is irrelevant; the Servitude is concerned with what is erected or constructed, not with use or for whose benefit. The proposed works do not breach the Servitude.

Court Disposition

declaratory relief granted

Orders

  • Declaration that the proposed works to the Sale Land do not amount to a breach of the Servitude