Silva v. Melville

This case poses at least two fundamental property law issues: (1) What is the proper measure of damages for a trespass onto property? and (2) How should the law resolve the conflict that arises when adjoining landowners pursue incompatible uses of their own property?

Background

The defendant, Donald Melville (“Melville”), is a cranberry farmer who owns roughly thirty acres of land in Carver, on which he operates a number of cranberry bogs. The plaintiff, Cornelia Silva Romboli (“Silva”), owns roughly four acres of land, which she uses solely as her residence, that partially abut Melville’s…