In what circumstances will a court order a mandatory injunction requiring a defendant to remove or modify a garage that blocks the view of other property owners?
British Columbia, Canada
The following excerpt is from Shuswap Lake Estates Ltd. v. Osborne, 2014 BCSC 2166 (CanLII):
In Lynch v. In-Situe et al, 2000 BCSC 1045, Mr. Justice Melvin granted a mandatory injunction requiring the defendant to either remove the garage blocking the water view of other property owners or modification of the defendant's garage to fit plans approved of by the plaintiff. This mandatory injunction was issued in circumstances where the defendant, contrary to a covenant in a Building Scheme, built on his property in such a fashion so as to impede the water view of his neighbours. No other remedy was determined to be adequate.
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