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Jersey decisions
Decisions matching the current search
Schlaefer v Morris (Royal Court : Hearing (Civil)) [2025] JRC 070 (12 March 2025)
The Royal Court granted enforcement orders in a boundary and encroachment dispute, directing the Viscount to remove identified structures and allowing a 28-day stay for agreement.
Schlaefer v Morris [2023] JRC 038 (09 March 2023)
The Royal Court granted summary judgment in a boundary and encroachment dispute, holding the Vue de Vicomte fixed the boundary, the covenant remained effective, and relief applied.
The Royal Court held that a patio wall and parking did not unlawfully encroach on a right of way, but awarded the plaintiff ÂŁ1,000 for temporary interference.
Morgan v Heaven [2022] JRC 060 (04 March 2022)
The Royal Court held that a walled patio and vehicle parking did not unlawfully encroach on a 1974 right of way, but awarded ÂŁ1,000 for temporary interference during works.
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.
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.
Fogarty -v- St Martin's Cottage Ltd [2016] JRC 073 (30 March 2016)
On costs after a property encroachment dispute, the court found the plaintiff was overall more successful and ordered the defendant to pay costs, partly on an indemnity basis for a wrongful fraud plea.
De Zille -v- Fernando [2015] JRC 267 (21 December 2015)
Costs decision in a boundary and encroachment dispute over Field 270, where the plaintiffs succeeded on some issues but failed on others, leading to a 50% costs award.
Fogarty -v- St Martins Cottage Ltd [2015] JRC 068 (10 April 2015)
The Jersey Royal Court held a boundary contract valid, rejected the defendant’s defences, and ordered removal or alteration of encroachments, with damages to be assessed.
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.
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