The neighbourhood known as Pettytown is in the midst of a resurgence. The area was first settled

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The neighbourhood known as Pettytown is in the midst of a resurgence. The area was first settled following World War II. In that era, small houses usually were built on large lots. After a period of decline, the neighbourhood once again is trendy and desirable. In contrast to the past, however, most homeowners now prefer very large houses. As a result, every metre-indeed, every centimetre-may be treated as precious land. This case involves two adjacent properties, known as Blackacre and Whiteacre, each of which originally was 20 metres wide. In 1962, the two individuals who owned the properties co-operated to build a fence between Whiteacre and Blackacre. As a result of a mutual mistake, the fence was located incorrectly. The fenced area of Whiteacre was 19 metres wide, while Blackacre was 21 metres wide. Cantera Sdeo purchased Blackacre in 1997 and discovered the mistake within a short time. In 2004, Connolly Wright purchased Whiteacre with the intention of demolishing the existing house and constructing a much larger replacement. After reading the original survey and plan of the property, Wright developed a plan that assumed a property 20 metres in width. He therefore announced his intention to tear down the existing fence. Because Sdeo strongly objected to that proposal, Wright waited until Sdeo was out of town for a weekend before demolishing the fence and moving ahead with his construction project. Although Wright's new house on Whiteacre is located within the 19-metre boundary, a new fence sits at the 20-metre mark. Furthermore, Wright's workers frequently left materials on the disputed one-metre strip during the construction phase. Discuss the law that governs the disputed piece of land and explain how a court probably would resolve the case.

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Managing the Law The Legal Aspects of Doing Business

ISBN: 978-0133847154

5th edition

Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer

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