Boyle -v- Highfield Country Apartments Association [2017] JRC 157 (29 September 2017)

Boyle -v- Highfield Country Apartments Association [2017] JRC 157 (29 September 2017)

The Declaration, when read with Plan 42 and the situation on the ground at the time of registration, shows that the garden of Unit 13 extends north to the swimming pool, including the Disputed Area. Any ambiguity between Plan 13 and Plan 42 is resolved in favour of Plan 42, which was intended to show the extent of the garden. Amendments by the Association purporting to restrict the garden are void to the extent they conflict with this finding.

Citation
[2017] JRC 157
Parties
Plaintiff: Plaintiff (owner of Share 13); First Defendant: Highfield Country Apartments Association
Jurisdiction
Jersey
Judgment Date
29 September 2017
Procedural Posture
Civil / Application for Exhibition of Title
Outcome
Application granted for exhibition of title; declaration made as to extent of garden of Unit 13.
Legal Topics
Construction of Title Documents, Boundaries of Property, Co Ownership Under Loi (1991) Sur La Co Propriété Des Immeubles Bâtis
Property Law Co Ownership Construction of Title Documents Boundaries of Property Co Ownership Under Loi (1991) Sur La Co Propriété Des Immeubles Bâtis

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Parties

Plaintiff (owner of Share 13)

Plaintiff

Highfield Country Apartments Association

First Defendant

Procedural Posture

Civil / Application for Exhibition of Title

Legal Issues

  1. 1 Whether the garden of Unit 13 extends beyond the retaining wall to the swimming pool as shown on Plan 42 or is limited to the area up to the retaining wall as contended by the Association
  2. 2 Whether amendments to the Declaration by the Association restricting the garden of Unit 13 are valid

Ratio Decidendi

The Declaration, when read with Plan 42 and the situation on the ground at the time of registration, shows that the garden of Unit 13 extends north to the swimming pool, including the Disputed Area. Any ambiguity between Plan 13 and Plan 42 is resolved in favour of Plan 42, which was intended to show the extent of the garden. Amendments by the Association purporting to restrict the garden are void to the extent they conflict with this finding.

Court Disposition

Application granted for exhibition of title; declaration made as to extent of garden of Unit 13.

Orders

  • Declaration that the garden of Unit 13 extends north to the swimming pool as shown on Plan 42, including the Disputed Area.
  • Declaration that amendments to the Declaration by the Association purporting to restrict the garden of Unit 13 are void to the extent they do so.