Vautier -v- Manning and Le Ruez [2013] JRC 244A (05 December 2013)

Vautier -v- Manning and Le Ruez [2013] JRC 244A (05 December 2013)

The representor owns the eastern part of field 1726 comprising 23 perches 7 pieds, and the second respondent only owned the western part comprising one vergée 10 perches 6 pieds at the time of sale. The first respondent only acquired the western part. The representor never owned field 1727.

Citation
[2013] JRC 244A
Parties
Applicant: Representor; Respondent: First Respondent; Respondent: Second Respondent
Jurisdiction
Jersey
Judgment Date
05 December 2013
Procedural Posture
Summary Judgment Application / Final Judgment
Outcome
summary judgment granted; declaratory relief granted
Legal Topics
Declaratory Relief, Ownership Dispute, Summary Judgment
Property Law Civil Procedure Declaratory Relief Ownership Dispute Summary Judgment

Case Brief

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Parties

Representor

Applicant

First Respondent

Respondent

Second Respondent

Respondent

Procedural Posture

Summary Judgment Application / Final Judgment

Legal Issues

  1. 1 Whether the representor owns part of field 1726
  2. 2 Whether the second respondent had title to the whole of field 1726 at the time of sale
  3. 3 Whether the representor ever owned field 1727

Ratio Decidendi

The representor owns the eastern part of field 1726 comprising 23 perches 7 pieds, and the second respondent only owned the western part comprising one vergée 10 perches 6 pieds at the time of sale. The first respondent only acquired the western part. The representor never owned field 1727.

Court Disposition

summary judgment granted; declaratory relief granted

Orders

  • Declaration that the representor has title to the eastern part of field 1726 comprising 23 perches 7 pieds as described in the contract of sous-partage dated 18th October 1947.
  • Declaration that at the date of the contract of sale on 15th January 2010, the second respondent only owned the western part of field 1726 comprising one vergee ten perches six pieds.