Golden Press, Inc. v. Rylands
Supreme Court of Colorado
235 P.2d 592 (1951)
Golden Press, Inc. (Golden) (defendant) constructed a building next to residential property owned by Rylands and Reid (plaintiffs). Though both parties used a surveyor prior to construction, the building’s foundation and footings encroached upon the residential property from two to three-and-a-half inches. Rylands and Reid used the encroached-upon portion of their land as a driveway and iris bed. The footings extended from seven to nine feet below the surface. The value of the entire strip of three-and-a-half inches at and below the surface was approximately $55. The value of the portions extending from seven to nine feet below the surface and along the wall was also small. The wall above the foundation did not cross the boundary line. Rylands and Reid sought an injunction requiring the removal of the footings and foundation from their property. A jury decided in favor of Golden on the issue of damages for trespass. The trial court instead found encroachment and granted a mandatory injunction requiring Golden to remove the footings from the property. Golden appealed to the Supreme Court of Colorado.
Rule of Law
Holding and Reasoning (Stone, J.)
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