Pomazi v. Holmes
A court can order a party who builds a structure that encroaches on a neighbor's property to remove the structure within nine months. Allegedly, the defendant, Michelle Holmes, installed a 368-foot chain link fence on the west side boundary of Holmes' property, which borders the east side boundary of the plaintiff's property. When the plaintiff arranged a property survey, prior to paving the driveway, the surveyor informed the plaintiff that part of the defendant's chain link fence was located on the plaintiff's property. The plaintiff wrote to the defendant and then sued the defendant. The plaintiff submitted the A-2 survey and photos. The court found that approximately 248 feet of the defendant's chain link fence encroaches on the plaintiff's property. The defendant failed to prove anyone tampered with and moved the chain link fence, in an attempt to harass the defendant, or that the chain link fence did not encroach. The court granted judgment to the plaintiff and ordered the defendant to remove the portion of the fence that encroaches within nine months.