Goulding v. Cook

The plaintiffs in this case (Gouldings) sought an injunction in the Land Court, enjoining the defendants (Cooks) to end a trespass on their property. The parties own neighboring residences in Scituate. When installation of another neighbor’s swimming pool caused the Cooks’s cesspool, which was partly under that neighbor’s land, to malfunction, they were forced to find an alternative sewage disposal system. The town required a septic system, and the only suitable site for such a system was on a 2,998 square foot triangle of land that the Cooks claimed belonged to them but which the Gouldings…