Le Feuvre v Mathew [1974] JJ 49 (30 July 1974)

Le Feuvre v Mathew [1974] JJ 49 (30 July 1974)

The court held that an easement cannot be exercised so as to increase or alter the burden on the servient tenement, and a change in the nature of the dominant tenement is immaterial.

Citation
[1974] JJ 49
Parties
Applicant: Le Feuvre; Respondent: Mathew
Jurisdiction
Jersey
Judgment Date
30 July 1974
Procedural Posture
Civil / Judgment
Outcome
claim upheld
Legal Topics
Servitudes, Easements, Burden of Servient Tenement
Land Law Servitudes Easements Burden of Servient Tenement

Case Brief

Summary, issues, holding and outcome

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Parties

Le Feuvre

Applicant

Mathew

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether an easement can be exercised so as to increase or alter the burden on the servient tenement
  2. 2 Whether a change in the nature of the dominant tenement affects the easement

Ratio Decidendi

The court held that an easement cannot be exercised so as to increase or alter the burden on the servient tenement, and a change in the nature of the dominant tenement is immaterial.

Court Disposition

claim upheld

Orders

  • Easement must not be exercised so as to increase or alter the burden on the servient tenement