Jersey Law Reports

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You are here: BAILII >> Databases >> Jersey Law Reports >> Fogarty v. St. Martin's Cottage [2016] 2 JLR 246 (05 October 2016)
URL: http://www.bailii.org/je/cases/JLR/2016/JLR162246.html
Cite as: [2016] 2 JLR 246

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Fogarty v. St. Martin's Cottage 2016 (2) JLR 246 (05 October 2016)

Land Law-servitudes-dominant and servient tenements-destination de père de famille-on division of single property into two separate properties, assumed that properties have necessary rights over each other to maintain use previously enjoyed-if boundary contract between two properties creates new encroachment of part of respondent's property over appellant's, logical consequence that contract involved transfer of land from respondent to appellant-respondent's property to continue to be enjoyed as previously-implied servitude permitting encroachments

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