000			01168cab a2200193 4500
001			ABS44331
008			090401t1991 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u46622
041			_aeng
245			_aElliott v Islington LBC
260			_c1991
350			_a0
490			_aEstates Gazette _v(1991) 10 EG 145-149(3)
520			_aCA 5 July 1990. Appeal by defendant borough (I) against a HC decision refusing to set aside an injunction requiring (I) to remove a tree invading the plaintiff Elliot`s (E)`s property. Tree belonging to I was not subject to a tree preservation order . I offered remedial measures to rebuild E`s wall around the tree. I cited Shelfer v City of London Electric Co whereby damages could be given in lieu of an injunction if the plaintiff`s legal rights were small. CA dismissed the Shelfer ruling in this instance. Held that breach of a citizens rights could not be corrected by a small money payment in this instance and in its view an order to remove the tree would not be in the least oppressive. Appeal dismissed.
650			_aNUISANCE
690			_aPROPERTY LAW AND PRACTICE-CASE LAW
942			_n0
948			_c04/03/1997
999			_c29488 _d29488