Dahl v. Cayias

PRATT, Justice.

This controversy arises over the alleged encroachment upon plaintiff’s property of a retaining wall erected by defendant. Plaintiff and defendant are adjoining lot owners each having a home upon his lot and between the two houses there are 6'2" of plaintiff’s land and 2'6" of defendant’s land. This strip of land was used as a driveway between the places at one time; neither party, however, under the issues of this case claimed a right to use the other party’s land for that purpose.

The lots were upon a slight hill with defendant’s lot above that of plaintiff. Something over…