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Jersey Property Servitude Disputes | Property Dispute Lawyers | Parslows Jersey

Jersey Property Servitude Disputes

ersey Property Boundary disputes

What is a right of Servitude?

Under Jersey Property Law a right of servitude is a right (i) to make use of the property of another, or (ii) to prevent the owner of the property from making certain use of it. Servitudes can be affirmative (i.e. one which obliges the owner of the servient tenement to allow the owner of the dominant tenement to exercise the right in relation to the servient tenement which, but for the existence of the servitude, he would not be entitled to exercise, e.g. a right of way) or negative (i.e. one which prohibits the owner of the servient tenement from exercising an ordinary right of property in relation to the servient tenement which, but for the existence of the servitude, he would be entitled to exercise, e.g. a restriction upon building in such a way as to obstruct the neighbouring property’s light).

Types of Jersey Property Servitudes

Examples of servitudes are as follows (there are many other examples)

  • Right to lay drains water pipes etc over neighbours land
  • Rights of way over neighbours land
  • Restriction over property to create more than one dwelling at a property
  • Restrictions on building on land
  • Restriction as to use of property

How is a servitude created?

Jersey freehold property Servitudes can be created in three ways:

1. Those arising by agreement (i.e. created by the parties);
2. those arising by operation of law; and
3. those arising naturally (by reason of the relative position of the properties).

What happens if you breach a servitude?

If a property owner breaches a servitude that exists over their Jersey property the property owner may find themselves actioned in the Royal Court to enforce the servitude rights or obligations.  In cases such as where a landowner has for example built on land which is subject to a building restriction the Royal Court may order the removal of the offending structure.  It is therefore imperative that where your freehold contract sets out servitudes these are carefully considered before embarking on any project.

When to seek legal advice?

Jersey property law dealing with servitudes can be complicated.  A cursory review of the contract may provide a laymen with an indication of the obligations, but the customary law of Jersey relating to property law must also be factored in.  This may have a bearing on the issue in question and can be an issue that needs to be considered.   We would suggest that you seek Jersey law property advice before engagement to avoid costly issues.A dispute involving a breach of servitude obligations  can end up very expensive.  You may find the only way to resolve the issue is Royal Court proceedings.

Jersey Property Dispute Lawyers

For advice, assistance or further information on servitude disputes in Jersey contact Parslows Jersey Property dispute lawyers or call 630530 or email us on litigation@parslowsjersey.com or call 630530.


How Parslows Jersey can help

Our property dispute lawyers have many years of knowledge and experience in property law and dispute resolution.

Whilst most cases can be resolved through negotiation, sometimes court action is necessary. If the dispute cannot be settled out of Court, we can undertake Court proceedings on your behalf to ensure you stand the best chance of success as quickly as possible without prolonging proceedings.

We are regularly thanked by our clients for our reasonable rates, our exemplary service, our communication with clients and for ensuring that the whole process runs efficiently.

Parslows, the Jersey law firm you can rely on.


Please note that the information provided on this website is for general information purposes only and is designed to provide you with an outline of the legal services we offer.  Whilst we endeavour to ensure our information is correct and useful, we make no representations or warranties regarding the accuracy or completeness of the information offered.  Information on our website does not constitute legal advice and Parslows Jersey accepts no liability for any loss or damage arising out of, or in connection with, the information found in this website.  Please consult a lawyer at Parslows Jersey in the event that you require professional assurance that our information, and your interpretation of the same, is correct.
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Or email us on enquiries@parslowsjersey.com