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Peters v. Archambault | 278 N.E.2d 729 (1972)
An injunction is an equitable remedy, which typically requires courts to exercise their discretion and balance the interests of the parties. However, when a landowner seeks an injunction to remove an encroachment, some courts automatically grant the injunction unless an exception applies. Peters versus Archambault illustrates this rule.
In nineteen fifty four, Anthony Archambault bought a house on the Massachusetts coast that was built in nineteen forty six. Peter Peters bought the neighboring house in nineteen sixty six. One month after Peters purchased his property, he commissioned a land survey and discovered that Archambault’s house was partially built on his land. The survey map showed that Archambault’s house came within six feet of Peters’s house and occupied four hundred sixty five square feet of Peters’s forty nine hundred square foot lot. Both Archambault’s and Peters’s lots were registered. But neither certificate indicated permission for the encroachment.
Peters then sued Archambault and asked the court to grant an injunction ordering Archambault to remove the encroaching portion of the house. The court observed that removing the encumbrance would be expensive but found no evidence that Peters unreasonably delayed asserting his rights or otherwise engaged in conduct that would justify denying the injunction.
Accordingly, the trial court granted the injunction. Archambault appealed to the Massachusetts Supreme Judicial Court.
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