Peters v. Archambault

361 Mass. 91, 278 N.E.2d 729 (1972)

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Peters v. Archambault

Massachusetts Supreme Judicial Court
361 Mass. 91, 278 N.E.2d 729 (1972)

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Facts

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. Peters filed an injunction against Archambault to have the encroaching portion removed. The trial court found that, while it would be very expensive to remove the encroaching portion of Archambault’s house, it should be removed. Archambault appealed.

Rule of Law

Issue

Holding and Reasoning (Cutter, J.)

Dissent (Tauro, C.J.)

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