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Jersey Case Law

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Land law [2015] 1 JLR 356

Fogarty v. St. Martin's Cottage

Fogarty v. St. Martin's Cottage [2015] 1 JLR 356 (10 April 2015)

A Jersey land dispute over minor boundary encroachment ended with modest damages instead of demolition or window alterations, which the court found disproportionate.

  • Boundaries
  • Encroachment
  • Damages in lieu of removal
  • Land-law
  • Damages-in-lieu-of-removal
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Land law [2013] 1 JLR 36

Charles House v Primal Properties

Charles House v Primal Properties [2013] 1 JLR 36 (13 December 2012)

The Royal Court held it lacked jurisdiction to make a possession order in separate proceedings; that jurisdiction lay with the Petty Debts Court.

  • Possession orders
  • Jurisdiction
  • Lease cancellation
  • Land-law
  • Possession-orders
  • Lease-cancellation
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Land law

Devy v Taylor

Devy v Taylor [2011] JLR_Note 37 (24 August 2011)

A Jersey land law note concerning whether a caveat should remain in place to prevent the sale of land pending resolution of the dispute.

  • Sale of land
  • Caveat preventing sale
  • Land-law
  • Sale-of-land
  • Caveat
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Land law [2010] JLR 193

Cooke v Mold

Cooke v Mold [2010] JLR 193 (14 May 2010)

The court held that an invitation to tender for property was an invitation to treat, not an offer. The vendor could accept any bid, including a referential bid.

  • Invitation to treat
  • Tender process
  • Referential bids
  • Vendor discretion
  • Invitation-to-treat
  • Tender-process
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Land law

D v N

D v N [2007] JLR_Note 43 (27 June 2007)

A Jersey land law case note in which the court ordered execution of a contract for the passing of land.

  • Passing of contract
  • Execution ordered by court
  • Land-law
  • Contract-execution
  • Passing-of-land
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Land law

Cotillard v O'Connor

Cotillard v O'Connor [2007] JLR_Note 12 (12 January 2007)

A Jersey land law note on whether a servitude can restrict building; the court held that the servitude in question did impose a building restriction.

  • Servitudes
  • Restriction on building
  • Land-law
  • Building-restrictions
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Land law [2006] JLR 499

Mackinnon v Crill (No. 1)

Mackinnon v Crill (No. 1) [2006] JLR 499 (09 November 2006)

The court held that a caveat preventing sale of land should be necessary and proportionate, with the applicant notifying the debtor and considering alternative security.

  • Caveat
  • Sale of land
  • Mareva injunction
  • Alternative security
  • Sale-of-land
  • Mareva-injunction
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Land law [2006] JLR 510

Mackinnon v Crill (No. 2)

Mackinnon v Crill (No. 2) [2006] JLR 510 (09 November 2006)

The court held that a caveat to prevent sale of land may be lodged even if the debtor disputes the claim, provided there is a good arguable claim and the court is informed.

  • Caveat
  • Sale of land
  • Good arguable claim
  • Land-law
  • Sale-of-land
  • Good-arguable-claim
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Compulsory purchase [2004] JRC 212

Crook and Renouf v Greffier of the States

Crook and Renouf v Greffier of the States [2004] JRC 212 (06 December 2004)

The Jersey Royal Court held the claimants had an arguable case on compulsory purchase valuation and directed the arbitrators to state a case, while staying proceedings for mediation.

  • Compensation valuation
  • Open market value
  • Special suitability
  • Case stated procedure
  • Mediation stay
  • Compulsory-purchase
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Compulsory purchase [2003] JRC 167

P and E v Lesquende Ltd

P and E v Lesquende Ltd [2003] JRC 167 (19 September 2003)

The Royal Court held that the Board misdirected itself on whether rezoning could form part of the compulsory purchase scheme under the Point Gourde principle.

  • Valuation of compulsorily acquired land
  • Point gourde principle
  • Rezoning and scheme identification
  • Judicial review of arbitration award
  • Compulsory-purchase
  • Land-valuation
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.