Batson v. Harlow

Minor W. Millwee, Justice.

Appellants and appellees own and reside on adjoining residential lots in the City of Fayetteville. Appellants’ lot lies immediately north of the lot of appellee and each of the lots is described in the respective deeds of the parties as being 50 feet wide and 194 feet long facing west on Hill Street.

In July, 1948, appellants, without notice to appellee, caused a survey to he made of their property. According to the survey a driveway used by appellee to enter his garage from Hill Street encroached about 4% or 5 feet upon appellants’ lot. Appellant began construction…