Burton v Winters and another
Burton v Winters and another
- 1993
- Weekly Law Reports (1993) 1 WLR 1077-1082(6) .
CA 8 December 1992. In 1990, B claimed a mandatory injunction to remove part of a garage built by W`s predecessors in title which encroached on B`s land. Though the court gave a declaration that a wall was half over the boundary, it dismissed the injunction claim. Two years later, W won an injunction restraining B from trespass and interference. B was gaoled for repeated infringements but appealed to test entitlement to the right of self-abatement or self-redress. Appeal dismissed on the grounds that the right was for summary remedy not justified in the absence of an emergency.
Boundary disputes
Boundary disputes
ENCROACHMENT
TRESPASS
CA 8 December 1992. In 1990, B claimed a mandatory injunction to remove part of a garage built by W`s predecessors in title which encroached on B`s land. Though the court gave a declaration that a wall was half over the boundary, it dismissed the injunction claim. Two years later, W won an injunction restraining B from trespass and interference. B was gaoled for repeated infringements but appealed to test entitlement to the right of self-abatement or self-redress. Appeal dismissed on the grounds that the right was for summary remedy not justified in the absence of an emergency.
Boundary disputes
Boundary disputes
ENCROACHMENT
TRESPASS