Fabbri v. Regis Forcier, Inc.

This is a civil action in which the plaintiffs seek to compel the defendants, adjoining landowners, to erect a retaining wall to prevent the defendants’ land from eroding onto the plaintiffs’ land, and also to compel the defendants to remove from their land a tree alleged to be in an unsafe condition and to be a danger to the plaintiffs.

The cause was tried to a Superior Court justice sitting without a jury who granted the relief sought in the complaint. From that judgment, defendants now appeal. The record indicates that plaintiffs, husband and wife, pur chased property located on Cove Road…