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

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

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.

Citation
[1970] JJ 1405
Parties
Applicant: Simon; Respondent: Baudains
Jurisdiction
Jersey
Judgment Date
02 April 1970
Procedural Posture
Civil / Judgment
Outcome
declared
Legal Topics
Servitudes, Chemin De Voisine, Private Road, Rights of Way
Land Law Servitudes Chemin De Voisine Private Road Rights of Way

Case Brief

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Parties

Simon

Applicant

Baudains

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 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

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

Orders

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