Hoffman v. Bob Law, Inc.

Homeowner’s fixtures encroached on Landowner’s property. Homeowner sued for an implied easement to keep the encroachments on the adjoining property. Landowner counterclaimed for trespass and sought a mandatory injunction to remove the encroachments. The circuit court denied Homeowner’s claim for an implied easement and ruled that the encroachments constituted a trespass but nevertheless denied Landowner’s request for an injunction. Instead, the court ordered that the encroachments would not be subject to an order of removal but would have to be removed if they became subject to relocation in the future. The Supreme Court affirmed in part, reversed in part, and remanded, holding (1) the circuit court did not err in denying an injunction to remove the septic system, allowing it to temporarily remain, and awarding nominal damages; but (2) the circuit court erred in failing to balance the equities and hardships as to the remaining encroachments. On remand, the court should balance the equities relating to those encroachments. View "Hoffman v. Bob Law, Inc." on Justia Law