Mercer v Bower [1973] JJ 2453 (26 September 1973)

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.

Citation: [1973] JJ 2453
Parties: Plaintiff: Mercer; Defendant: Bower
Jurisdiction: Jersey
Judgment Date: 26 September 1973
Procedural Posture: Civil / Judgment
Outcome: judgment for plaintiff
Legal Topics: Derogation From Grant, Sale of Land, Restrictive Covenants

Land Law Derogation From Grant Sale of Land Restrictive Covenants

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2

Parties

Mercer

Plaintiff

Bower

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether a vendor of land for exclusive residential development can establish a commercial piggery on adjacent retained land without derogating from the grant

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

Orders

Vendor restrained from establishing a commercial piggery on adjacent retained land