Reg's Skips v Yates [2008] JLR 191 (19 May 2008)

Reg's Skips v Yates [2008] JLR 191 (19 May 2008)

Both the landowner and tenant are in breach of the duty in voisinage if the land is let for business purposes and the landowner knows or ought to know of harms to a neighbour's interests or expectations.

Citation
[2008] JLR 191
Parties
Claimant: Reg's Skips; Defendant: Yates
Jurisdiction
Jersey
Judgment Date
19 May 2008
Procedural Posture
Civil / Judgment
Outcome
judgment for claimant
Legal Topics
Voisinage, Nuisance, Landlord and Tenant Liability
Property Law Tort Law Voisinage Nuisance Landlord and Tenant Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Reg's Skips

Claimant

Yates

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the duty in voisinage can be delegated or avoided by a landowner
  2. 2 Whether both landowner and tenant are liable for harms to a neighbour's interests or expectations

Ratio Decidendi

Both the landowner and tenant are in breach of the duty in voisinage if the land is let for business purposes and the landowner knows or ought to know of harms to a neighbour's interests or expectations.

Court Disposition

judgment for claimant