Goulding v. Cook

661 N.E.2d 1322 (1996)

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Nature of the Case

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Facts

Goulding (P) and Cook (D) were neighbors. Another neighbor installed a swimming pool and this caused D's cesspool under that neighbor's land to malfunction. D was forced to find an alternative sewage disposal system. The town required a septic system and the only suitable site was on a 2, 998 square foot triangle of that D claimed belonged to them, but P claimed as part of his property. D tried to negotiate with P but to no avail. P sought a preliminary injunction against D's use of the land and for a declaration that they were fee simple owners. The preliminary injunction was denied, and D entered the land and installed the septic system. The trial court found ownership to be with P but granted an easement to D for the maintenance of their system at a price to be negotiated by the parties. P appealed, and the appeals court affirmed. This appeal resulted.