Pave v. Mills

The parties in this case own adjoining property on East Brookline Street, Boston, Massachusetts. The plaintiffs own a vacant lot at 70 East Brookline; and the defendants purchased the 72 East Brookline Street property in April 1997. In July 1997, the City of Boston determined that the defendants’ structure required urgent repair work to the sidewall facing the plaintiffs’ lot due to leaning of the wall. The City issued a building permit for the emergency repairs, and the defendants repaired the wall. As a result of the sidewall leaning and its repair, there exists today an encroachment on the…