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

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

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.

Citation
[1971] JJ 1889
Parties
Applicant: Johnson; Respondent: Summers
Jurisdiction
Jersey
Judgment Date
20 September 1971
Procedural Posture
Civil / Judgment
Outcome
uncertain—doubt expressed as to whether the restriction amounts to a servitude
Legal Topics
Servitudes, Land Use Restrictions, Conveyancing
Property Law Servitudes Land Use Restrictions Conveyancing

Case Brief

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Parties

Johnson

Applicant

Summers

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 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

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