3 Jul 2012
IAKOPO and ANOR v RUTHERFORD HC AK CIV-2012-404-001680
- Citation
- openlaw-dc1086a4_b6dc_425c_aa4d_679b865644b7.pdf
- Court
- High Court
The plaintiffs established a seriously arguable case that the inward-opening solid wooden gates encroach on the dominant land and constitute an unreasonable obstruction and substantial interference with the vehicular easement under s297 and the law of nuisance, damages are inadequate, and the balance of convenience favors interim relief ordering the gates to be kept open so they swing outward over the servient land as an interim injunction pending further order.