Boundary and encroachment dispute resolved by Royal Court

Boundary and encroachment dispute resolved by Royal Court

In March 2023, the Royal Court delivered a judgment in a boundary and encroachment dispute involving Timo Schlaefer (Plaintiff) and Howard Morris (Defendant).

The dispute centred on two neighbouring properties: ‘Rocher Rouge,’ owned by the Plaintiff, and ‘Rochez,’ owned by the Defendant. The boundary between these properties had been determined through a legal process called a Vue de Vicomte, which is a method for officially establishing disputed property boundaries.

At the heart of the matter was the Plaintiff’s claim that, in November 2019, the Defendant had constructed structures within an area prohibited by a restrictive covenant and on or near to the boundary. The Plaintiff sought a summary judgment ordering their removal whilst the Defendant denied that the structures constituted encroachments and claimed personal reasons for them needing to be in place, whilst also attempting to argue against the record of the Vue de Vicomte.

Summary judgment was granted as the Court was able to conclude that the Defendant had no real prospect of defending the Plaintiff’s claim and the Court ordered the removal by the Defendant of all structures that constituted encroachments.

This judgment underscores the importance of respecting legal boundaries (particularly where there has been a Vue De Vicomte, which is intended to make a clear and binding determination) and observing the terms of restrictive covenants, otherwise offending encroachments will have to be removed, and significant costs will be incurred.