Johnson v Summers [1971] JJ 1889 (20 September 1971)
- Citation
- [1971] JJ 1889
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
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Professional case brief
Research organized from the available case record
01
Holding and result
A conveyance restricting land use to a garden and prohibiting further construction is doubtful as to whether it can amount to a servitude due to lack of certainty and enforceability.
Court disposition
uncertain—doubt expressed as to whether the restriction amounts to a servitude
02
Material facts
Parties
Johnson
ApplicantSummers
Respondent03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
Whether a conveyance restricting future use of land to a garden with a prohibition on any 'construction' other than that already present can amount to a servitude
Party arguments
- Applicant
- The restriction in the conveyance should be interpreted as a servitude binding on successors in title.
- Respondent
- The restriction is not sufficiently clear or certain to amount to a servitude.
05
Court’s reasoning
Legal principles
- 01
general principles of property law
A servitude must be clear, certain, and capable of being enforced as a proprietary right.
06
Ratio, limits and disposition
Ratio decidendi
A conveyance restricting land use to a garden and prohibiting further construction is doubtful as to whether it can amount to a servitude due to lack of certainty and enforceability.
Court disposition
uncertain—doubt expressed as to whether the restriction amounts to a servitude
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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