Friday, March 23, 2012

Raab v. Casper case brief

 Raab v. Casper, Ct. of Appeals of CA, 1975
  1. D had continuing trespass because built cabin entirely on P land and D built a home partially on P land.
  2. Rule – Good Faith Improver Legislation: Makes an improvement to land in good faith and under a mistaken belief that he is the landowner
    1. Such improver may seek judicial relief but has the burden of establishing his entitlement to relief
  3. To be a good faith improver:
    1. Have to improve and invested in the property
    2. Acting in good faith means at least acting under a mistaken belief that own the land
Another way to take property (besides A.P.)
Creates a new legal right to certain class of encroachers
Range of Remedy:
  1. See if can get encroachment off land
  2. Figure out whether removing encroachment undermines substantial justice
  3. Set off competing claims – put them together
  4. Liability Based Solution – shift from owner to Judge
Have owner pay good faith improver the value of the improvement of the a land, or
Have owner sell to good faith improver
Judge can take away right to sell and sets the price of property

Holding – Good faith transformed after received warning that was partially on owner’s property
  1. D was negligent in assuming boundary line and warning of trespass is legally significant factor
  2. Concerned that owner was robbed of their right of choice and right to decide what to do with their land

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