Saturday, December 1, 2012

Pile v. Pedrick case brief

Pile v. Pedrick
Property Law Case Brief

Case Overview:
Pile (P) sued when Pedrick (D) built a factory whose foundations extended approximately one inch onto Pile’s land.

Case Facts:

-Pedrick had built a factory on land adjoining Pile’s property.
-Prior to construction, Pedrick hired a surveyor to determine the property line and planned the factory accordingly.
-Subsequent surveys, however, established that the initial surveyor had inaccurately placed the line. As a result, the factory’s foundations extended slightly more than one inch onto Pile’s land.
-The walls of the factory themselves, however, remained well within property boundaries.
-The slightness of the intrusion notwithstanding, Pile claimed trespass and sued for an injunction requiring Pedrick to demolish the existing wall and to rebuild it so as to eliminate the intrusion.

Is a court bound to grant an injunction requiring the removal of an intruding structure even though that intrusion is both slight and underground?

The court is bound to grant such an injunction.

Case Analysis:

As a matter of law, no individual may occupy land that he or she does not own. Since Pedrick has trespassed upon Pile’s land by building a factory with intruding foundations, the court has no choice but to grant the injunction that Pile requests.

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