“Your application shows that you knew where the boundary was.”
Tyler’s attorney leaned toward him.
The judge continued.
“And why did you instruct the pool contractor to use the fence as the reference point when the approved plans showed a different location?”
Tyler didn’t answer immediately.
“Well, I thought the fence represented the practical boundary.”
The judge removed his glasses.
“Property ownership is not established by what is convenient for you, Mr. Bennett.”
The courtroom went quiet.
Rachel stood again.
She requested an order requiring Tyler to remove the fence, pergola, and other encroachments from my property, restore the affected land, and pay the damages and costs the court found legally recoverable.
The
judge reviewed the evidence one final time.
Then he issued his ruling.
Tyler had to remove the encroaching structures within thirty days.
He was also responsible for restoring the damaged portion of my property.
The court awarded compensation for the documented damage and other recoverable costs.