Brink v. Summers

The plaintiff brought this bill to compel the removal of a portion of the defendant’s residence, which extends over a boundary line onto vacant land owned by the plaintiff and which was constructed following a mistake made by a surveyor employed by the defendant. The bill was taken pro confessa against a former defendant bank which holds a mortgage on the defendant’s property. A Land Court plan delineating the boundaries of the adjacent lots of the parties had been of record for many years prior to the employment of the surveyor. The judge found that the defendant’s dwelling, which had a…