Jersey boundary disputes involve complex customary law that administrative routes cannot resolve. solicitors.je is an independent directory. We can point you towards Jersey firms that work in this area.
Arguments over structural encroachment or rights of way often lead to court proceedings.
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Voisinage replaces the English law of nuisance
Voisinage is the Jersey customary law that governs how neighbours may use their land. The jerseylaw.je glossary of legal terms states that the English concept of tortious nuisance does not apply in Jersey and that voisinage applies instead.
That has a practical consequence. Guides written for England and Wales, including those on nuisance and easements, can point you the wrong way. Ask any adviser to confirm they are applying Jersey law.
Rights of way and other servitudes
Jersey uses the term servitude, not easement. The same glossary records the maxim nulle servitude sans titre: a servitude cannot exist without title and cannot be obtained through use alone. If you believe you have a right of way or a right of drainage over a neighbour's land, the first question is what the contracts on the Public Registry say.
How a boundary dispute is decided
Boundary disputes go to the Héritage division of the Royal Court. Rule 3/1 of the Royal Court Rules 2004 gives that division jurisdiction over proceedings for the fixing of boundaries, and Rule 6/2 says such proceedings start by summons.
Jersey also has a procedure with no English equivalent: the Vue, a hearing before a panel of experts. Part 14 of the Rules sets out how it works:
- Vue de Vicomte. The Viscount gives the parties at least 14 clear days' notice. Three experts are needed, drawn from a summoned panel of five. Each party can challenge an expert for cause.
- The hearing. The experts are sworn, pleadings are read, and witnesses and the parties are heard. If the experts disagree, the majority decides.
- Confirmation. The Viscount prepares a record. Either party can bring the other before the Court to confirm it and, if need be, have it registered in the Public Registry.
- Vue de Justice. A party who wants to challenge the outcome does so when the record comes before the Court, and is then entitled to a Vue de Justice. This is held before the Bailiff with five experts who did not sit at the first Vue.
- Finality. The decision made at a Vue de Justice is final and cannot be appealed.
Because the second stage is final, the evidence you put forward at the first stage matters a great deal. Costs of a Vue are dealt with under the Civil Proceedings (Jersey) Law 1956, as if the Vue were proceedings in the Royal Court.
Problems with their own statutory routes
Some neighbour problems are handled by a government complaint process, not a court action.
High hedges
The High Hedges (Jersey) Law 2008 covers a line of two or more evergreens that forms a barrier to light and rises more than 2 metres above ground level. Complaints go to the Minister for Planning and Regulation with the prescribed fee.
The Minister can decline a complaint if you have not taken all reasonable steps to sort it out with your neighbour first, so keep a record of what you have tried. Either side can appeal the Minister's decision to the Royal Court, normally within 28 days.
Noise, smoke and smells
Nuisances that seriously affect health or the reasonable use of a property can be reported to Environmental Health under the Statutory Nuisances (Jersey) Law 1999.
The government's nuisance complaints page says you must keep a nuisance diary for at least 14 days, or the investigation cannot continue. Everyday domestic noise, domestic cooking smells and anti-social behaviour are excluded. If a nuisance is confirmed and voluntary compliance fails, an abatement notice can be served.
Before you write to your neighbour
- Get copies of both properties' title contracts. The Public Registry can supply copies but will not advise on boundary disputes.
- Photograph the boundary features, walls, hedges and drains as they are now, with dates.
- Note when the problem started and every conversation about it.
- Check whether the issue is one for Environmental Health or the planning department before starting proceedings.
solicitors.je is an independent directory. We can point you towards Jersey firms that work in this area.
Voisinage (Neighbour) Disputes Asked Questions
Can a boundary dispute be resolved without full litigation in the Royal Court of Jersey?
Yes. Boundary disputes can sometimes be resolved by negotiation, which can avoid a trial in the Royal Court of Jersey.
What is a Voisinage dispute under Jersey law?
Voisinage is the customary law governing neighbourly relations in Jersey, including boundaries, encroachment, and drainage.
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