Brown v. Wilson

This land line dispute involves a driveway built in 1925 and used continuously until 1976. Due to a mistake by the builder, the driveway encroached nearly two feet onto the adjoining vacant lot (No. 75). In 1937, when a house was built upon lot 75 and a survey made, the Wilsons learned for the first time that their driveway encroached onto their neighbor’s land. The new owner of lot 75 demanded payment for the land and threatened *857suit, but the Wilsons refused to pay, and the threat of suit was never carried out.

Argued February 13, 1978 Decided February 28, 1978. Haas, Holland, Levison &…