Friday, November 11, 2011

Golden Press v. Rylands case brief

Golden Press, Inc. v. Rylands (235 P.2d 592)

  • P owned a parcel of land, D constructed a one story commercial building on D's own property which adjoined P's property on the east.
  • The west wall of D's building was two inches clear of the lot line on the south end, exactly on the line on the north end, and was 160 ft in length total.
  • The D's land was used as a garden/driveway.
  • D complained to the workers, and their Iris bed was damaged.
  • D filed an injunction after the work was completed.
-Can P's, in equity, secure an injunction, requiring Ds to remove all footings and foundations that exist upon their property?

Injunction should have been denied by the trial court.  Instead, the P's may proceed if they desire in an award for damages.

-Trial court found an encroachment as was alleged by the P, granted a mandatory injunction requiring that D's projecting footings be removed from P's property.

-Sometimes a slight, or 'de minimis" encroachment (which is harmless) is allowed.
-He who seeks equity should do equity and come with clean hands.

-D's encroachment was slight and unintentional.
-There is a presumption that men act in good faith.
-The very slight encroachment caused no interference with P's present use.

Class: Property
Subjects: "de minimis", encroachment, injunction, trespass

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