Peters v. Archambault

(dissenting) The plaintiffs and defendants are owners of adjoining lots, with dwellings, both registered under G. L. c. 185. The defendants acquired title to their lot on June 18, 1954, and the plaintiffs acquired their title on June 14, 1966. The plaintiffs seek removal of a portion of the defendants’ dwelling which encroaches on their land. This encroachment existed in full view *95from June, 1946, when the defendants’ predecessor in title erected the dwelling, until July 14, 1966, when the plaintiffs had their property surveyed for the purpose of erecting a retaining wall. During this period,…