Remedies – 6200

Remedies(Law 6200) Advance Assignment Fall 2015

From our casebook, Weaver, Partlett, Kelly & Cardi, Remedies:Cases, Practical Problems and Exercises (3d ed. 2014) pp. 7-8.

TheBuilding Lot Controversy

BeauRivage is an exclusive subdivision in one of the nicer sections of this city,and is surrounded by a large wall (erected for security purposes) with agatehouse at the entrance to the subdivision.

            Vacant lots in the subdivision sellfor $75,000 and are at least one-half acre in size. All lots are subject tonumerous restrictions. Lot owners can only build single-family dwellings, thedwellings must be at least 3,500 square feet, must cost at least $200,000, andmust be set back from the property line at least 50 feet.

            Grace Harlow (a prominent localattorney) purchased a lot in Beau Rivage about a year ago. She chose the lotbecause it sits on a hill and offers a glorious view of the surrounding city.Grace planned to build a house on the lot, and to begin construction within ayear. However, at the time of the purchase, Grace was litigating a major casein a distant state and returned only rarely to check on her Beau Rivage lot.

            About the same time that Harlowbought her lot, Herbert Deets (a local factory manager) bought an adjoininglot. Deets began construction immediately on a two story Colonial-style home.

            Unfortunately, Deets’ builder wasconfused about the lot lines, and built the home so that it violated not onlythe 50-foot setback requirement, but extended 20 feet onto Harlow’s lot. By thetime Harlow returned from her trial, Deets’ home was nearly finished.

            Harlow was furious when she learnedthat Deets’ home encroached on her lot. Harlow demanded that Deets remove theoffending portion of the home from her property. Deets refused to do so,claiming that he would suffer severe economic loss. Indeed, if the offendingportion were removed, Deets would have to lop off the kitchen and the familyroom. Moreover, without those rooms, the house would lose its symmetry andappear rather strange.

             What are your preliminary thoughts about thisproblem?  Come to class prepared todiscuss them.  What would you adviseHarlow?  What would you adviseDeets?  How might a court resolvethis?