In the winter of 2016, Gentle Neighbor received a soil report from a geotechnical engineer warning that unless he constructs a retaining wall between his property and the property of Mean Neighbor without delay, there is a significant possibility that a nearby hillside could slide into his property during a violent rainstorm. Before constructing the retaining wall, Gentle Neighbor does not consult with Tough Neighbor, reasoning that Tough Neighbor prefers "to keep to himself." Gentle Neighbor retains the services of a surveyor who prepares an erroneous survey of the boundary line between the two properties. As a result of the wrong survey, Gentle Neighbor constructs a twenty-five-foot-long retaining wall that encroaches appr proximately three feet onto the property of Tough Neighborthe construction of the retaining costs approximately $150,000.

Tough Neighbor is angry when he learns of the encroachment of the retaining wall onto his property. Tough Neighbor claims that the encroachment prevents him from driving his beloved Recreational Vehicle up the driveway to his property. Tough Neighbor is, however, able to move his other car (a Toyota Camry) up to his driveway.

Tough Neighbor demands the removal of the retaining wall. Gentle Neighbor refuses because removing the retaining wall would require him to spend approximately another $100,000, which he cannot afford.At his own expense, Gentle Neighbor offers to pay for Tough Neighbor's RV storage at a nearby trailer park. Tough Neighbor is, however, adamant that the retaining wall must be removed.

Tough Neighbor files suit against Gentle Neighbor and seek an injunction that requires removing the portion of the retaining wall that encroaches onto this property.

Would you please provide an interoffice brief using secondary sources analyzing Tough Neighbor's prospects for obtaining an injunction?