Mercer v Bower [1973] JJ 2453 (26 September 1973)
- Citation
- [1973] JJ 2453
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
A vendor who sells land for exclusive residential development cannot establish a commercial piggery on adjacent retained land, as this would amount to a derogation from the grant.
Court disposition
judgment for plaintiff
Orders
- Vendor restrained from establishing a commercial piggery on adjacent retained land
02
Material facts
Parties
Mercer
PlaintiffBower
Defendant03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
Whether a vendor of land for exclusive residential development can establish a commercial piggery on adjacent retained land without derogating from the grant
Party arguments
- Applicant
- The vendor is not permitted to derogate from the grant by establishing a commercial piggery on adjacent land retained after selling land for exclusive residential development.
- Respondent
- The vendor is entitled to use the retained land as they see fit, including establishing a commercial piggery.
05
Court’s reasoning
Legal principles
- 01
general principle of land law
A vendor is not permitted to derogate from the grant.
06
Ratio, limits and disposition
Ratio decidendi
A vendor who sells land for exclusive residential development cannot establish a commercial piggery on adjacent retained land, as this would amount to a derogation from the grant.
Court disposition
judgment for plaintiff
- Vendor restrained from establishing a commercial piggery on adjacent retained land
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Mercer v Bower [1973] JJ 2453 (26 September 1973) URL: https://www.bailii.org/je/cases/JLR/1973/JLR732453.html Cite as: [1973] JJ 2453 [ New search ] [ Help ] Mercer v Bower 1973 J. J. 2453 (26 September 1973) Land Law-sale of land-derogation from grant-vendor not permitted to derogate from grant-vendor of building land for exclusive residential development not allowed to establish commercial piggery on adjacent land retained 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. 2453 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1973/JLR732453.html
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