Question
You are working as a lawyer, representing Jon Snow. His neighbour, Jamie Lannister, recently had The Property Brothers in to renovate Jamie's garage and make
You are working as a lawyer, representing Jon Snow. His neighbour, Jamie Lannister, recently had The Property Brothers in to renovate Jamie's garage and make it into a carriage suite (a garage with an apartment on top) while Jon was out of town up North for a few months. When Jon returns, he realizes that Jamie's renovations substantially increased the footprint of his garage, and he believes that Jamie's garage is now over the property line. Jon calls up his friend, Daenerys Targaryen, who surveys the land and determines that Jamie is indeed about 10 feet over the property line onto Jon's yard. Jon is distraught and comes to see you.
(For the purpose of this question, ignore any remedies that would be available on a municipal level, and answer strictly on the basis of tort.) Jon has decided to sue in the tort of trespass to land to prevent the ongoing trespass. What remedy or remedies is a court likely to award to Jon in this situation, assuming that the trespass was an accident and not intentional? Explain. In addition, discuss the remedies that would not be appropriate here, and discuss why not.
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