2005 Connecticut Code - Sec. 52-570. Action for malicious erection of structure.

      Sec. 52-570. Action for malicious erection of structure. An action may be maintained by the proprietor of any land against the owner or lessee of land adjacent, who maliciously erects any structure thereon, with intent to annoy or injure the plaintiff in his use or disposition of his land.

      (1949 Rev., S. 8311.)

      See Sec. 52-480 re injunction against malicious erection of structure.

      What constitutes "malice" and evidence of it; 75 C. 424; a question of fact ordinarily not reviewable. 82 C. 290. See notes to sections 52-480, 52-568. Court rejected defendant's argument that the effect of this section and section 52-480 is to create for plaintiff an unlawful visual easement across defendant's land. 174 C. 29, 34.

      Cited. 43 CA 1. Cited. 46 CA 164.

      Elements necessary to state a cause of action under this section enumerated. 21 CS 110.

      Provides legal remedy for structures erected with intention to annoy and injure the plaintiff's use of premises. 6 Conn. Cir. Ct. 427, 428.