BUTTERWORTH WATER COMPANY, INC. v. WAYNE FORTIER and BETH LYDEN-FORTIER

For the reasons set forth in the court’s Decision of this date, the plaintiff Butterworth Paper Company’s request for an order directing the removal of the defendants Wayne and Beth Fortiers’ encroachments on the plaintiff’s property is granted with respect to the encroaching portions of the temporary storage structure, the wooden tie wall, and the paved area in front of them. The 2008 Survey (Trial Ex. 2) shall be used as the reference for the location of these encroachments, and they must be removed no later than ninety (90) days after the plaintiff requests their removal. The 1.365 square foot corner of the defendants’ garage that encroaches on the plaintiff’s property is a de minimis encroachment and need not be removed. No damages are awarded for that encroachment. The defendants’ easement across the plaintiff’s property is in the location marked “Pavement” in the 2008 Survey.

SO ORDERED.

By the court (Long, J.)

Attest:

Deborah J. Patterson, Recorder

Dated: 9 August 2010