Peters v. Archambault
Massachusetts Supreme Judicial Court
278 N.E.2d 729 (1972)
Relevant factsFree
Archambault (defendant) unknowingly bought a house whose previous owners had mistakenly built part of it on the adjoining lot; Peters (plaintiff), who later bought that adjoining lot, discovered the encroachment while surveying for a retaining wall and sued for an injunction to remove it. The trial court found removal would be very expensive but ordered it anyway, given that the encroachment took over nine percent of Peters's small lot.
IssueFree
Whether a landowner is generally entitled to equitable relief compelling removal of an encroaching structure, even if the encroachment is unintentional and the cost of removal is substantial.