Pendergrast v. Matichuk

González, J.

¶1 Leslie Pendergrast and Robert Matichuk bought adjacent lots separated by a solid wooden fence. The fence enclosed a venerable cherry tree on Pendergrast’s lot. For several years, Pendergrast and Matichuk maintained their lots as if the fence was the boundary line between them. Unfortunately, the fence stood several feet from the deed line and, according to the legal description, on Matichuk’s land. The cherry tree stood on the disputed part of Pendergrast’s lot. Instead of suggesting mediation or arbitration or filing a quiet title suit, and over Pendergrast’s strenuous…