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

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

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.

Citation
[1973] JJ 2461
Parties
Applicant: Le Feuvre; Respondent: Mathew
Jurisdiction
Jersey
Judgment Date
04 October 1973
Procedural Posture
Civil / Judgment
Outcome
judgment delivered
Legal Topics
Implied Easements, Servitudes, Land Division

Case Brief

Summary, issues, holding and outcome

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Parties

Le Feuvre

Applicant

Mathew

Respondent

Procedural Posture

Civil / Judgment

  1. 1 What are the circumstances under which an implied easement exists after division of property?

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