Banville v. Brennan

Plaintiff and Defendants were owners of property with a common boundary. Plaintiff and Defendants disputed the location of the boundary line, and Plaintiff claimed Defendants encroached upon her property. When Defendants obtained a building permit to construct a building on their alleged property, Plaintiff filed suit seeking declaratory and injunctive relief. The superior court granted injunctive relief to Plaintiff, permanently enjoined Defendants from trespassing on Plaintiff’s lot, ordered the removal of the portion of Defendants’ building that encroached on Plaintiff’s lot, and awarded damages to Plaintiff. The Supreme Court affirmed, holding that the trial justice did not err (1) in finding that the boundary line established by a survey initiated by Plaintiff constituted the boundary line between the two lots; and (2) in awarding damages to Plaintiff based on the diminution in the fair market value of her land as a result of the encroachment by Defendants. View "Banville v. Brennan" on Justia Law