Seid v. Ross

This is an action in equity for a mandatory injunction. Defendant Chun 1 appeals from an order requiring him to remove a concrete block retaining wall and fence located on the common boundary line between his and plaintiffs’ residential properties. We review de novo.

Plaintiffs and Chun are the owners of adjacent residential lots, located one above the other on a terraced slope. Plaintiffs own the property below Chun’s that was formerly owned by plaintiff Amelia Seid’s brother, Jeffery Chan. Chun’s predecessor in interest was defendant Ross. In 1982, Ross had a wall constructed on the boundary…