Property-DisputeThe court in Albert v Mid-Century Ins. Co. (2015) 236 CA4th 1281 held that an insurer did not have a duty to defend the homeowner in a suit for encroachment arising out of the building of a fence and trimming of trees, because the acts were taken intentionally even if the damage was an accident or unintended result. 
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neighbors-300While it is possible to obtain an equitable easement to allow a trespasser to continue use of the property in exchange for  damages, the hardship on the trespasser must be “greatly disproportionate” to the hardship of the landowner losing a portion of her land.  In this neighbor dispute over lawn chairs, the Court provided a definition or test to follow adverse to the trespasser.  Basically, the Court of Appeal held that the $275 cost to the trespasser to remove the patio furniture was not sufficient compared to the total loss of use of the area to the legal property owner.

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