On Wed, 26 Jun 2013 21:09:07 -0700 (PDT), Ivan Vegvary
wrote:




Judges do consider equity, not just the letter of the law. I've had 40 years of boundary surveys under my belt and have been retained as an expert witness over land issues. Consider the following:
300 foot long block with 12 each 25 foot wide properties. We survey the last property in the block and find that it is only 24 feet wide. We verify that the block is 300 feet in total and find that the first property is sitting on 26 feet width and everyone in between has exactly 25 feet. Subdivision is about 90 years old. All houses are about the same age. A judge would find it very inequitable to have every one of the owners mover their improvements by one (1) foot. All 10 of the interior lots are encroaching on their neighbor by one foot. Fairness and equity are a big part of the law.
Ivan Vegvary

So then the first guy benefits while the last guy loses. In a case
like that will he be able to use the 1 foot at the first house? If,
say, he has a family picnic, could he set up the food tables on the 1
foot of the first guys yard? Could he set up a narrow tennis court in
his yard?