ARTICLE
22 April 2015

Pushing The Boundaries – Jersey’s Royal Court Develops The Law On Encroachments

A
Appleby

Contributor

Appleby is one of the world’s leading offshore law firms, operating in 10 highly regarded and well-regulated locations. We provide comprehensive, expert advice and services across a number of key practice areas. We work with our clients to achieve practical solutions whether from a single location or across multiple jurisdictions.
The inspection of property boundaries for potential encroachments is a central part of the Jersey conveyancing process and to an outsider may appear somewhat obsessive.
Jersey Wealth Management

The inspection of property boundaries for potential encroachments is a central part of the Jersey conveyancing process and to an outsider may appear somewhat obsessive. However, this apparent obsession is for good reason: it has traditionally been considered that the Royal Court has no alternative, on finding that an encroachment existed, but to order its removal. This could clearly be harsh and disproportionate in many cases, especially where the encroachment is minor and non-deliberate.

The Royal Court decision in the recent case of Fogarty v St Martin's Cottage Limited will therefore be widely welcomed. Departing from the approach adopted in the earlier case of Felard Investments Limited v Trustees of the Church of Our Lady Queen of the Universe, the Court held that in an appropriate case it can award damages to compensate a landowner for a neighbour's encroachments. Demolition is not the only option.

Read more and download the full printable version here.

READ

View our property website here.

VIEW

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More