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Jersey decisions
Decisions matching the current search
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.
Snell -v- Beadle 16-Nov-2006 [2006] JCA 164 (16 November 2006)
Court of Appeal held that damages for refusal of a right of way must include lost income as well as capital value where that was the intended use of the property.
Colesberg Hotel v Alton Hotel [2003] JCA 083 (16 May 2003)
The Jersey Court of Appeal upheld a ruling that proposed use of a right of way for access to residential flats and parking did not aggravate the servitude.
Colesberg Hotel v Alton Hotel [2003] JRC 026 (06 February 2003)
The Jersey Royal Court held that the broad right of way in the deeds was not extinguished or aggravated by a proposed residential redevelopment, and dismissed the plaintiff’s claims.
1998/22A - Snell v Beadle [1998] UR 22A (4 February 1998)
The court held that an agreement granting vehicular access over a footpath was binding and enforceable, rejecting claims of lesion, deception, and undue influence.
Hawkins v Russell [1971] JJ 1813 (12 July 1971)
The court held that the owner of enclave land was entitled to a way of necessity over neighbouring land to reach a public highway.
Vardon v Holland [1964] JJ 375 (01 April 1964)
The court held that an action to remove an obstruction from a right of way is an action possessoire, subject to a year-and-a-day limit from accrual.
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