Mori v. Murdock CA4/3
This case disproves the old adage that good fences make good neighbors. Brett Murdock and Veronica Murdock (the Murdocks) discovered that the fence between their property and the property of their neighbors, Setsuko Mori Ogino and Hiroshi Ogino (the Oginos), was not on the property line, but rather was encroaching on the Murdocks’ property. The Murdocks built a new block wall on the property line, and the Oginos sued to quiet title to the disputed land. After a bench trial, the trial court created an equitable easement in the disputed land—approximately 15 square feet. The Murdocks appealed. We affirm.
Substantial evidence supports the trial court’s findings regarding the equitable easement, and the creation of the easement was within the court’s authority and jurisdiction. Further, the trial court did not err in denying the Murdocks relief from their waiver of a jury trial.
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