La Petite Croatie v Ledo [2009] JLR 116 (29 April 2009)
Where the terms of a servitude are ambiguous, the ambiguity is resolved in favour of the servient tenement, upholding the presumption that land should not be unduly burdened by servitudes.
- Citation
- [2009] JLR 116
- Parties
- Applicant: La Petite Croatie; Respondent: Ledo
- Jurisdiction
- Jersey
- Judgment Date
- 29 April 2009
- Procedural Posture
- Land Law Dispute / Judgment
- Outcome
- ambiguity resolved in favour of servient tenement
- Legal Topics
- Servitudes, Dominant and Servient Tenements, Interpretation of Burdens
Case Brief
Summary, issues, holding and outcome
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Parties
La Petite Croatie
Applicant
Ledo
Respondent
Procedural Posture
Land Law Dispute / Judgment
Legal Issues
- 1 How should ambiguity in the definition of servitudes between dominant and servient tenements be resolved?
Ratio Decidendi
Where the terms of a servitude are ambiguous, the ambiguity is resolved in favour of the servient tenement, upholding the presumption that land should not be unduly burdened by servitudes.
Court Disposition
ambiguity resolved in favour of servient tenement
Full Case Text
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