Cohen Et Ux. v. Perrino Et Ux.

Opinion by

Mr. Justice Allen M. Stearns,

This litigation developed from a petty neighbor dispute between adjoining real estate owners. From it has emerged an important legal principle, affecting real estate enjoyment throughout the Commonwealth. The question is: Where a landowner erects a structure on his own land which obstructs the light, air, and view of an adjoining owner, thereby annoying the adjoining owner, may legal or equitable relief be had by the adjoining owner if the landowner’s motive in erecting such structure was purely malicious?

Plaintiffs and defendants are adjoining property…