Jersey Hotels Ltd. v Inglebert Properties [1980] JLR 23 (18 January 1980)

Jersey Hotels Ltd. v Inglebert Properties [1980] JLR 23 (18 January 1980)

The court held that once a restrictive covenant binding successors in title is registered, it is unnecessary to repeat its details in subsequent contracts of sale, and the vendor cannot insist on such repetition or re-registration. A standard 'a la charge' clause is sufficient to put purchasers on notice.

Citation
[1980] JLR 23
Parties
Applicant: Jersey Hotels Ltd.; Respondent: Inglebert Properties
Jurisdiction
Jersey
Judgment Date
18 January 1980
Procedural Posture
Civil / Appellate
Outcome
appeal dismissed
Legal Topics
Restrictive Covenants, Passing of Burden, Property Registration
Land Law Restrictive Covenants Passing of Burden Property Registration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2
Sign in to unlock

Parties

Jersey Hotels Ltd.

Applicant

Inglebert Properties

Respondent

Procedural Posture

Civil / Appellate

Legal Issues

  1. 1 Whether the burden of a restrictive covenant, once registered and binding on successors in title, requires repetition in subsequent contracts of sale
  2. 2 Whether a vendor with the benefit of a covenant can insist on repetition and re-registration of the covenant in subsequent sales

Ratio Decidendi

The court held that once a restrictive covenant binding successors in title is registered, it is unnecessary to repeat its details in subsequent contracts of sale, and the vendor cannot insist on such repetition or re-registration. A standard 'a la charge' clause is sufficient to put purchasers on notice.

Court Disposition

appeal dismissed