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Colorado Supreme Court - 124 Colo. 122, 235 P.2d 592
See also: Pile v. Pedrick
tl;dr:
A minor, unintentional encroachment onto another's property may not merit mandatory injunction, where the burden of removal greatly outweighs the damage to the plaintiff.Video Summary
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The plaintiffs alleged that the defendant's business building encroached on their property and caused damage. The court found in favor of the plaintiffs, ordering the removal of the footings and directing the defendant to prevent future trespassing. The court also granted a new trial on the issue of damages due to lack of evidence. The defendant challenges the expert witness fees and argues that there was no evidence of signs or instructions directing people to park on the plaintiffs' land. The defendant also argues that the injunctive decree lacks clarity and specificity. The court must consider the equities of the case before issuing a mandatory injunction to remove encroaching structures, and the "de minimis" rule may apply in cases of slight and harmless encroachment.
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