Robin Troy reviewed the recent case of Schlaefer V Morris 2023 JRC 038. This serves as a warning to all property owners thinking of building or extending on their property, to know and check their contractual rights and obligations before undertaking building works. The case concerned the breach of a building restriction by the construction of wooden steps and structures on the restricted area.
The restriction was not to build within a distance of 6 feet from the neighbours boundary.
The court had to first determine the boundary at issue, which was undertaken by a “Vue de Vicomte” (a process where the court visits a property, the subject of a boundary dispute and determines the physical boundary) and then deal with the restrictive covenant.
Having determined the boundary, the court ordered the removal of the offending encroachments found within the restricted area. The court was not asked to consider damages in lieu of removal.