Burton v Winters and another
Language: English Series: Weekly Law Reports ; (1993) 1 WLR 1077-1082(6)Publication details: 1993Subject(s): Summary: 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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS49059 (Browse shelf(Opens below)) | 1 | Available | 69699-1001 |
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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.