Pomilio v. Caserta

Herrmann, Justice:

This is a property-line encroachment case involving the discretionary nature of the mandatory injunction sought to compel the removal of the encroachment.

The basic facts are these:

The parties are owners of adjoining residential lots, subject to a side-yard building restriction prohibiting building within “ten feet of any dividing line of any adjoining lot or parcel of land.” In 1952, the defendants acquired their lot and built their home thereon. The next year, the plaintiffs purchased the adjoining lot and built their home. In 1956, the defendants constructed an addition to…