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Jersey Case Law

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Property-law

Morgan v Heaven

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.

  • Right-of-way
  • Encroachment
  • Construction-of-deeds
  • Access-and-parking
  • Damages
  • Property-law
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Property-law [2022] JRC 060

Morgan v Heaven

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.

  • Right-of-way
  • Encroachment
  • Ancillary-rights
  • Interpretation-of-deeds
  • Servitudes
  • Property-law
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Contract-law [2006] JCA 164

Snell -v- Beadle 16-Nov-2006

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.

  • Breach-of-contract
  • Measure-of-damages
  • Remoteness
  • Mitigation
  • Loss-of-chance
  • Compensation-for-lost-income
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Contract-law [2006] JRC 046

Snell -v- Beadle 23-Mar-2006

Snell -v- Beadle 23-Mar-2006 [2006] JRC 046 (23 March 2006)

The court assessed damages for Mrs Beadle’s breach of a right-of-way agreement and awarded Mr Snell loss-based compensation, discounted for financing uncertainty.

  • Remoteness-of-damages
  • Measure-of-damages
  • Mitigation-of-loss
  • Consequential-loss
  • Vehicular-right-of-way
  • Sale-of-land
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Property-law [2003] JCA 083

Colesberg Hotel v Alton Hotel

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.

  • Servitudes
  • Right-of-way
  • Interpretation-of-deeds
  • Aggravation-of-servitude
  • Jersey-land-law
  • Deed-interpretation
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Property-law [2003] JRC 026

Colesberg Hotel v Alton Hotel

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.

  • Right-of-way
  • Servitude-aggravation
  • Building-restrictions
  • Jointure-rights
  • Property-law
  • Servitudes
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Property-law [1998] UR 22A

1998/22A - Snell v Beadle

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.

  • Servitude
  • Right-of-way
  • Contract-formation
  • Deception-d’outre-moitiĂ©
  • Lesion
  • Undue-influence
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Land-law [1971] JJ 1813

Hawkins v Russell

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.

  • Servitude
  • Right-of-way
  • Way-of-necessity
  • Enclave-land
  • Land-law
  • Servitudes
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Land-law [1970] JJ 1405

Simon v Baudains

Simon v Baudains [1970] JJ 1405 (02 April 1970)

The court declared that a non-public road serving several neighbouring properties and linking to a public road is a chemin de voisine.

  • Servitudes
  • Chemin-de-voisine
  • Private-road
  • Rights-of-way
  • Land-law
  • Right-of-way
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Property-law [1964] JJ 375

Vardon v Holland

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.

  • Servitude
  • Right-of-way
  • Action-possessoire
  • Limitation-period
  • Property-law
  • Servitudes
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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.