Dragos v. Russell

WOLFE, Chief Justice.

This is an action to quiet title to a strip of land lying along the boundary between the parties. The trial court found that defendants’ tourist cabins and sewer line extended onto the plaintiffs’ property. The defendants appeal from an order, directing that the cabins and sewer line be removed.

It is undisputed that a survey shows that defendants’ motel-cabins are .1 foot from the deed line on the east end and 2.7 feet over the line on the west end. Both parties admit that an old fence which has been there many years has always been considered the actual boundary line.…