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Jersey Case Law

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Property law [2017] JCA 096

Fogarty -v- St Martin's Cottage Limited

Fogarty -v- St Martin's Cottage Limited [2017] JCA 096 (20 June 2017)

Leave to appeal to the Privy Council was refused in a boundary-encroachment dispute involving customary law reliefs and destination de père de famille.

  • Boundary disputes
  • Encroachment
  • Servitudes
  • Damages in lieu of injunction
  • Customary law principles
  • Appeals procedure
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Property law [2016] JCA 180

Fogarty -v- St Martin's Cottage Limited

Fogarty -v- St Martin's Cottage Limited [2016] JCA 180 (05 October 2016)

The Court of Appeal held that a boundary contract moved the boundary and, on the facts, destination de père de famille applied. Damages in lieu of removal were also upheld.

  • Boundary disputes
  • Encroachment
  • Servitudes
  • Relief (property law)
  • Estoppel
  • Interpretation of contracts
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.