Real Estate – Nuisance, Trespass And Breach Of Easement Agreement

Charity constructed a new facility in a residential community. Charity and adjacent neighbor entered into a conditional construction easement agreement to build a common wall on boundary lines. Adjacent neighbor sued Charity for violation of conditional construction easement agreement, trespass, nuisance, alleging the wall encroached on passionate neighbor’s property. Terms of monetary settlement included a mutual easement to, confidentiality with a liquidated damages clause. A joint session after executing the settlement agreement with apologies successfully regained trust of a “good neighbor.”

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