Hirshfield v. Schwartz

Opinion

WILLHITE, J. *

In this quiet title action, plaintiffs appeal from the trial court’s refusal to grant an injunction compelling the removal of certain encroachments by defendants on plaintiffs’ residential property. The court granted the defendants an interest in plaintiffs’ land in order to protect defendants’ use of the disputed areas. The court labeled that interest “an easement.” However, the court recognized that it granted defendants the exclusive right to use the areas in dispute. At issue are: (1) whether the trial court applied the correct test in deciding to deny the injunction;…