Colfer v. Harmon

OPINION

The parties are adjoining property owners. Appellants James Colfer, Deanna Colfer and Southwest Builders & Development, Inc. (“Colfers”) tore down the fence of respondents Robert and Barbara Harmon (“Harmons”) and built a new fence. The Har-mons sued for trespass. The Colfers counterclaimed, alleging that several of the Harmons’ structures encroached on their property. The district court found that the Harmons’ fence was located entirely on their own property and that, consequently, the Colfers trespassed when they tore it down. The district court also found in favor of the Harmons on…