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Jersey Case Law

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Property law [2025] JRC 012

Burmingham v Le Hegarat

Burmingham v Le Hegarat [2025] JRC 012 (14 January 2025)

The Royal Court of Jersey ordered the sale en licitation of La Presse, rejecting Edward Le Hegarat’s proprietary estoppel and unjust enrichment claims.

  • Co-ownership
  • Licitation
  • Proprietary estoppel
  • Unjust enrichment
  • Wills and succession
  • Proprietary-estoppel
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Property law [2021] JRC 197

E v F, G and H

E v F, G and H [2021] JRC 197 (26 July 2021)

The court refused an immediate application for licitation over jointly owned property, holding it was premature until the parties’ interests were first determined.

  • Licitation
  • Co-ownership
  • Partition of property
  • Summary judgment
  • Unjust enrichment
  • Mediation
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Property law [2017] JRC 157

Boyle -v- Highfield Country Apartments Association

Boyle -v- Highfield Country Apartments Association [2017] JRC 157 (29 September 2017)

The Royal Court held that Unit 13’s garden extends beyond the retaining wall to the swimming pool under Plan 42, and voided later amendments inconsistent with that title.

  • Construction of title documents
  • Boundaries of property
  • Co-ownership under loi (1991) sur la co-propriĂ©tĂ© des immeubles bâtis
  • Construction-of-title-documents
  • Boundary-disputes
  • Co-ownership
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Administrative law [2010] JRC 036

Wallser -v- Minister for Planning and Environment

Wallser -v- Minister for Planning and Environment [2010] JRC 036 (19 February 2010)

The Royal Court held that a dangerous building notice under Article 66 had to be served on all co-owners, not just one, and quashed the notice.

  • Dangerous buildings
  • Statutory notice
  • Co-ownership
  • Procedural fairness
  • Dangerous-buildings
  • Statutory-notice
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Property law [2009] JRC 136

O'Toole and Cox -v- Mendonca

O'Toole and Cox -v- Mendonca [2009] JRC 136 (03 July 2009)

The Royal Court of Jersey granted a permanent injunction against a defendant who admitted parking vehicles on common yard land in breach of a clear contractual restriction.

  • Restrictive covenants
  • Injunctions
  • Co-ownership
  • Breach of contract
  • Restrictive-covenants
  • Breach-of-contract
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Property law [2002] JCA 15

Haas v Duquemin

Haas v Duquemin [2002] JCA 15 (17 January 2002)

The Court of Appeal held that co-owners of a yard could both use it for parking subject to servitude restrictions. The appellant had no exclusive parking right.

  • Co-ownership
  • Servitudes
  • Parking rights
  • Interpretation of deeds
  • Judicial regulation
  • Parking-rights
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Land law [2002] JLR 27

Haas (nee Daniel) v Duquemin

Haas (nee Daniel) v Duquemin [2002] JLR 27 (17 January 2002)

A Jersey co-ownership dispute held that a co-owner’s veto does not extend to ordinary use of a shared yard for parking.

  • Co-ownership
  • Rights of co-owners
  • Right of veto
  • Use of property
  • Property-rights
  • Veto-rights
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Property law [2000] JRC 160A

Haas v Duquemin 8th Aug 2000

Haas v Duquemin 8th Aug 2000 [2000] JRC 160A (08 August 2000)

The Jersey Royal Court construed co-ownership clauses for a shared yard, holding that both parties could park there subject to the plaintiff’s express right to park three cars.

  • Co-ownership
  • Rights of way
  • Parking rights
  • Interpretation of contract
  • Parking-rights
  • Contract-interpretation
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Property law

Haas v Duquemin

Haas v Duquemin [2000] JLR_Note 54b (08 August 2000)

A Jersey property-law note on ownership en indivis, addressing the rights of co-owners in common ownership.

  • Co-ownership
  • Ownership en indivis
  • Rights of co-owner
  • Ownership-en-indivis
  • Rights-of-co-owner
  • Property-law
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Land law [1996] JLR 261

Fallaize v Fallaize

Fallaize v Fallaize [1996] JLR 261 (22 July 1996)

The court held that termination of co-ownership by licitation must proceed by public auction, not private treaty, to protect the co-owner’s interests.

  • Co-ownership
  • Termination of co-ownership
  • Licitation
  • Public auction
  • Land-law
  • Public-auction
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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.