Hoffman v. Bob Law, Inc.
South Dakota Supreme Court
888 N.W.2d 569 (2016)
- Written by Eric Miller, JD
Facts
Bob Law (defendant) owned Bob Law, Inc. (defendant) (collectively, Law), which in turn owned a residential addition. Law entered an agreement with Rick DeJager to jointly develop the addition. During this process, an error was made in the marking of the boundary between Lot 3 and Lot 4. Law conveyed Lot 3 to DeJager, who made improvements, including the installation of a concrete retaining wall and concrete pad, parts or all of which were located in Lot 4 due to the earlier error. DeJager then defaulted on his mortgage, causing the bank to acquire Lot 3. Kenneth Hoffman (plaintiff) agreed to purchase Lot 3 from the bank. Eager to close, Hoffman opted not to have the property surveyed. The deal was closed. The next day, Law informed Hoffman of an encroachment into Lot 4 and sought to dig up the septic system. Hoffman obtained a temporary restraining order, followed by a preliminary injunction, to prevent Law from removing the septic system. Law counterclaimed for trespass and sought a mandatory injunction ordering removal of encroachments. The circuit court ruled that the encroachments on Lot 4 constituted a trespass but denied Law’s request for an injunction. Law appealed to the South Dakota Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Zinter, J.)
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