Leslie Pendergrast, App-cross Resp v. Robert Matichuk, Resp-cross App

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Leach, J.

In his poem “Mending Wall,” Robert Frost observed, “Before I built a wall I’d ask to know / What I was walling in or walling out, / And to whom I was like to give offense.” This case illustrates the wisdom of Frost’s observation in the context of an existing fence. Robert Matichuk moved a fence and cut down a tree over the objection of adjacent property owner Leslie Pendergrast. The trial court ruled on summary judgment that Pendergrast established ownership of the disputed land through boundary by common grantor, and a jury later awarded her damages for trespass and timber…