Torts Keyed to Henderson
Peters v. Archambault
Archambault (Defendant) unknowingly purchased a home in which the previous owners had mistakenly built a portion of the house on an adjacent lot. Peters (Plaintiff) purchased the house on the adjacent lot and, after surveying his land for the purpose of erecting a retaining wall, learned of the encroachment. Plaintiff filed an injunction against Defendant to have the encroaching portion removed. The trial court found that, while it would be very expensive to remove the encroaching portion of Defendant’s house, it should be removed. Defendant appealed.
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