La Petite Croatie Ltd -v- Ledo [2009] JRC 090 (29 April 2009)
The restrictive covenant does not extend to the cottage or the land beyond the area immediately to the south of Number 2, but is limited to the area between Number 2 and the northern granite wall of the derelict cottage. The works currently being undertaken by the defendants are not in breach of the restrictive covenant.
- Citation
- [2009] JRC 090
- Parties
- Plaintiff: La Petite Croatie Ltd; Defendant: Ledo
- Jurisdiction
- Jersey
- Judgment Date
- 29 April 2009
- Procedural Posture
- Civil / Final Judgment
- Outcome
- plaintiff's claim dismissed
- Legal Topics
- Restrictive Covenants, Servitudes, Building Schemes, Land Development, Interpretation of Contracts
Case Brief
Summary, issues, holding and outcome
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Parties
La Petite Croatie Ltd
Plaintiff
Ledo
Defendant
Procedural Posture
Civil / Final Judgment
Legal Issues
- 1 Whether the restrictive covenant prevents the defendants from carrying out building works on the cottage to the south of Number 2.
- 2 What is the precise extent of the land burdened by the restrictive covenant in favour of Number 2?
Ratio Decidendi
The restrictive covenant does not extend to the cottage or the land beyond the area immediately to the south of Number 2, but is limited to the area between Number 2 and the northern granite wall of the derelict cottage. The works currently being undertaken by the defendants are not in breach of the restrictive covenant.
Court Disposition
plaintiff's claim dismissed
Orders
- Order of Justice dismissed.
- Judicial Greffier directed to make a marginal note against the entries of the contracts in the relevant registries of the Public Registry.
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