Capodilupo v. Vozzella

The plaintiff and the defendant own abutting property in the North End section of Boston. The plaintiff brought this suit because he claims that the westerly and southerly walls of the defendant’s one-story building encroach by 3.6 to 4.8 inches upon his land, which is registered land. The plaintiff sought the removal of the purported encroachment as well as damages and costs. Following a bench trial on October 11, 1991, judgment *225entered in the plaintiff’s favor, and the defendant was ordered to remove the offending portion of his one-story building. The defendant filed a motion for…