Vardon v Holland [1964] JJ 375 (01 April 1964)

Vardon v Holland [1964] JJ 375 (01 April 1964)

The cause of action for removal of obstruction from a right of way accrues when demand is made for its exercise if the right was not previously exercisable, and the action must be brought within a year and a day thereafter.

Citation
[1964] JJ 375
Parties
Applicant: Vardon; Respondent: Holland
Jurisdiction
Jersey
Judgment Date
01 April 1964
Procedural Posture
Civil / Judgment
Outcome
action time-barred if not brought within limitation period
Legal Topics
Servitude, Right of Way, Action Possessoire, Limitation Period
Property Law Servitude Right of Way Action Possessoire Limitation Period

Case Brief

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Parties

Vardon

Applicant

Holland

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether an action to remove obstruction from a right of way is an action possessoire
  2. 2 When does the cause of action accrue if the right of way was not exercisable when granted

Ratio Decidendi

The cause of action for removal of obstruction from a right of way accrues when demand is made for its exercise if the right was not previously exercisable, and the action must be brought within a year and a day thereafter.

Court Disposition

action time-barred if not brought within limitation period