Jersey Judgment

Johnson v Summers [1971] JJ 1889 (20 September 1971)

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Professional case brief

Research organized from the available case record

Source document

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

Applicant

Summers

Respondent

03

Procedural history

  1. 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

  1. 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

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Source document

Court record

Judgment

[1971] JJ 1889

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BAILII >> Databases >> Jersey Law Reports >> Johnson v Summers [1971] JJ 1889 (20 September 1971) URL: https://www.bailii.org/je/cases/JLR/1971/JLR711889.html Cite as: [1971] JJ 1889 [ New search ] [ Help ] Johnson v Summers 1971 J. J. 1889 (20 September 1971) Land Law-servitudes-restriction on building-doubtful whether conveyance of land restricting future use to that of garden with prohibition of any "construction" other than that already there can amount to servitude The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1971 J. J. 1889 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1971/JLR711889.html

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