Disputes over Jersey property – voisinage (duty of neighbours)

Disputes over Jersey property – voisinage (duty of neighbours)

What is voisinage?

Under Jersey property law you owe a customary duty to your neighbour. The Jersey concept of voisinage governs the relationships between neighbouring landowners. This essentially means a landowner can only enjoy his own property to the extent it does not injure his neighbour. Colloquially one may refer to this as “nuisance” but in legal terms the English concept of nuisance does not apply in Jersey. Voisinage is a doctrine peculiar to Jersey law.

What are the obligations owed under voisinage?

Both owners and occupiers of property owe duties in voisinage. This obligation arises out of the obligations of neighbours not from the ownership of the land. For example, the following may constitute an action for voisinage:

  • structural damage to your neighbours property
  • encroachments which cause damage to neighbours property
  • landslides onto your neighbours property
  • discomfort and inconvenience to neighbours due to the use you put to your property

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