Smith v. McEnany
Supreme Judicial Court of Massachusetts
48 N.E. 781 (1897)
Relevant factsFree
The landlord (plaintiff) built an adjacent wall that physically encroached nine inches to two feet onto property leased to the tenant (defendant) along a thirty-four-foot stretch, and then sued for unpaid rent and breach of a repair covenant, arguing the minor encroachment did not materially impact the tenant's overall enjoyment of the leasehold.
IssueFree
Whether a landlord's physical intrusion that interferes with the tenant's use and enjoyment of a portion of the property amounts to an eviction from the entire property.