Jersey Judgment

Le Feuvre v Mathew [1973] JJ 2461 (04 October 1973)

Property Law Implied Easements Servitudes Land Division

Citation: [1973] JJ 2461
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Judgment

More details

Posture: Civil / Judgment

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Source document

Holding and result

An implied easement arises if, at the time of division, the use was continuous, apparent, and permanent, and would have been an easement had the properties been separately owned.

Court disposition

judgment delivered

Material facts

Parties

Le Feuvre

Applicant

Mathew

Respondent

Procedural history

Posture

Civil / Judgment

Questions and positions

Legal issues

What are the circumstances under which an implied easement exists after division of property?

Party arguments

Applicant: The applicant contends that an implied easement exists following the division of property, based on prior use.
Respondent: The respondent disputes the existence of an implied easement, challenging the continuity, apparentness, and permanence of the claimed right.

Court’s reasoning

Legal principles

01
Le Feuvre v Mathew [1973] JJ 2461

An implied easement may exist where (a) property was in single ownership and then divided; (b) the property was used in such a way that would have been an easement if there were two separate properties; (c) the easement must be continuous, apparent, and permanent.

Ratio, limits and disposition

Ratio decidendi

An implied easement arises if, at the time of division, the use was continuous, apparent, and permanent, and would have been an easement had the properties been separately owned.

Court disposition

judgment delivered

Source and reliance status

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Judgment

[1973] JJ 2461

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BAILII >> Databases >> Jersey Law Reports >> Le Feuvre v Mathew [1973] JJ 2461 (04 October 1973) URL: https://www.bailii.org/je/cases/JLR/1973/JLR732461.html Cite as: [1973] JJ 2461 [ New search ] [ Help ] Le Feuvre v Mathew 1973 J. J. 2461 (04 October 1973) Land Law-servitudes-implied easements-circumstances for existence-(a) property in single ownership then divided; (b) property used in such way that would have been easement if two separate properties; (c) easement must be continuous, apparent and permanent 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: 1973 J. J. 2461 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1973/JLR732461.html

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