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Jersey decisions
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Russell and Russell v Falle [2022] JCA 157 (27 July 2022)
The Court of Appeal upheld a servitude access right allowing Mr Falle to use Beach House land and scaffolding to repair and bring La Côte’s northern gable into compliance.
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.
Bateman v Angel Fish Limited [2018] JRC 177 (25 September 2018)
The Royal Court of Jersey construed 1908 restrictive covenants on Bentcliffe, granting declarations on wall and roof height limits but refusing a broader height interpretation and any ruling on the proposed scheme.
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 [2016] 2 JLR 246 (05 October 2016)
The court recognized an implied servitude after a boundary contract created an encroachment, applying the customary-law principle of destination de père de famille.
Minister for Infrastructure -v- Parish of St Helier [2016] JRC 153 (02 September 2016)
The Jersey Royal Court held that the Bellozanne covenants were tied to the existing destructors and had expired when they were dismantled, so refuse charges could be introduced.
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.
La Petite Croatie v Ledo [2009] JLR 116 (29 April 2009)
A Jersey land law decision on servitudes, holding that ambiguity in a servitude’s terms is resolved in favour of the servient tenement.
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