Madani v Rabinowitz

[steffan]

Interesting angle on an age old boundary issue. Newly published CA appellate case worth reading:

[E_Page]

Just reading the intro, looks interesting. I'll print it for evening leisure reading.

Thanks Jeff.

[David Kendall]

This is helpful to those of us who encounter a neighbor's fence on our client's lot from time to time. I feel more confident in assuring the homeowner that it is not a problem and to let it be.

The determination of the wood fence as a continuing encroachment based on value is interesting. I wonder where they will draw the line? Is a rock wall permanent? Is a more substantial or expensive wood fence permanent? Is a chain link fence permanent?

[PLS7393]

Definitely a good reference, and stored in my files. The question continues when educating clients as to a cost analysis to challenge a neighbor over a fence encroaching 6"? Is it truly worth going to court (starting around $12,000) over shifting the fence?

[Mr. Smith]

As Robillard used to say "how much justice can your client afford?

Brian




“We have not journeyed across the centuries, across the oceans, across the mountains, across the prairies, because we are made of sugar candy.”