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
Legal Issues
- 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
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