In what circumstances will a court order that a fence or eaves of a house encroaches over the boundary line of a neighbouring property?
New Brunswick, Canada
The following excerpt is from 635972 N.B. Ltd. v. Wilson, 2010 NBQB 346 (CanLII):
In Earle v. Martin, [1998] N.J. No. 353 (S.C.) the eaves of the defendant’s house encroached .16 metres over the plaintiff’s property and a fence encroached .25 metres over the boundary line. The court found that the offending objects, which were fixed in place and did not constitute accidental incursion on the plaintiff’s property confirmed that the trespass was a continuing one.
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