The plaintiff complained at the defendant’s garage, half of which had been built on the plaintiff’s land. The judge had awarded damages in lieu of a mandatory injunction for its removal. The Council appealed.
Held: Where a landowner had been ‘totally dispossessed by the defendant’s ‘encroaching building’ the plaintiff was entitled ‘as of right to a mandatory order’ although it suggested that the court, depending on the circumstances, might ‘well retain a limited discretion’.
Judges:
Waite LJ, Hirst LJ, Sir Stephen Brown
Citations:
[1995] 1 EGLR 257
Jurisdiction:
England and Wales
Cited by:
Cited – Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513) CA 9-Dec-2005
The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Land, Litigation Practice
Updated: 12 December 2022; Ref: scu.237729