000 01525cam a2200229 4500
001 ABS61859
008 000000n1999 000 0 eng u
035 _a(Sirsi) u104412
245 _aDaniells v Mendonca and another
260 _c1999
490 _aProperty, Planning and Compensation Reports
_v[1999] 78(5) 401-409(5)
520 _aCA 15 April 1999. The parties lived in adjoining terraced properties. While the plaintiff (D) was on holiday the defendents (M) added a bathroom extension to their house. A wall belonging to D (and built entirely on her land) was used to support the extension. D applied for a mandatory injunction requiring the removal of that part of the extension which encroached on her land and the reinstatement of the roof-felt on her roof. She also claimed an order restraining the defendents from carrying out any further building works other than in accordance with the London Building (Amendment) Act 1939. She further claimed damages and exemplary damages. M admitted the trespass, leaving the question of remedies. The mandatory injunction, the injunction that the work be done in accordance with the 1939 Act and damages were awarded but exemplary damages were refused. Appeal allowed.
590 _aABS
650 _aDANIELLS V MENDONCA AND ANOTHER
650 _aBoundary disputes
_96221
650 _aINJUNCTION
650 _aEXTENSION
650 _aTRESPASS
650 _aLONDON BUILDING ACT (AMENDMENT) ACT 1939
690 _aBoundary disputes
_96221
942 _n0
999 _c62640
_d62640