Jersey Judgment

Simon v Baudains [1970] JJ 1405 (02 April 1970)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

A road that is not public but leads from a public road to private property and is established for the convenience of several neighbouring properties is classified as a chemin de voisine.

Court disposition

declared

Orders

  • The road is declared to be a chemin de voisine.

02

Material facts

Parties

Simon

Applicant

Baudains

Respondent

03

Procedural history

  1. Posture

    Civil / Judgment

04

Questions and positions

Legal issues

Whether a road not public, leading from a public road to private property, established for the convenience of several neighbouring properties, constitutes a chemin de voisine

Party arguments

Applicant
The road in question is not a public road but serves several neighbouring properties and should be classified as a chemin de voisine.
Respondent
The road does not meet the requirements to be considered a chemin de voisine.

05

Court’s reasoning

  1. 01

    Jersey customary law

    A road not public, leading from a public road to private property, established for the convenience of several neighbouring properties, is a chemin de voisine.

06

Ratio, limits and disposition

Ratio decidendi

A road that is not public but leads from a public road to private property and is established for the convenience of several neighbouring properties is classified as a chemin de voisine.

Court disposition

declared

  • The road is declared to be a chemin de voisine.

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[1970] JJ 1405

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BAILII >> Databases >> Jersey Law Reports >> Simon v Baudains [1970] JJ 1405 (02 April 1970) URL: https://www.bailii.org/je/cases/JLR/1970/JLR701405.html Cite as: [1970] JJ 1405 [ New search ] [ Help ] Simon v Baudains 1970 J. J. 1405 (02 April 1970) Land Law-servitudes-chemin de voisine-road not public, leading from public road to private property, established for convenience of several neighbouring properties, is chemin de voisine 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: 1970 J. J. 1405 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1970/JLR701405.html

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