Shoen v. Zacarias
Annotate this CaseThis case involves a dispute between neighbors over a patch of land. When plaintiff purchased her property, she thought the patch was on her property and put outdoor furniture on it. Later, the prior owner of defendant's land discovered that the patch belonged to him. Years after defendant purchased the property, she demanded that plaintiff remove the outdoor furniture. Plaintiff then filed suit for damages, as well as injunctive and declaratory relief. A trial court has the power to issue an equitable easement authorizing a trespasser to continue her trespass in exchange for paying damages, but only if, among other things, the hardship on the trespasser in ceasing the trespass is “greatly disproportionate” to the hardship on the land’s owner in losing use of the trespassed-upon portion of her land. At issue was what constitutes a “greatly disproportionate” hardship. The court concluded that a trespasser’s hardship in having to remove her portable patio furniture does not qualify. Accordingly, the court reversed the trial court's issuance of an equitable easement and remanded for further proceedings.
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