Raab

Plaintiffs and defendants own adjoining foothill tracts acquired through a common grantor. Plaintiffs’ parcel, about 20 acres in size, is longitudinally shaped, with its narrow dimension at the north and south ends. Mr. and Mrs. Casper, the defendants, own two separate parcels immediately to the west, one of three and one-half acres adjoining the northern portion of plaintiffs’ tract, another of four and one-half acres adjoining the southern portion. Plaintiffs’ amended complaint sought a mandatory injunction and damages; it alleged in effect two separate, continuing trespasses by defendants; defendants had built a 25- by 35-foot cabin entirely on plaintiffs’ land, at its northwest comer near the northerly end of the common boundary; toward the southerly end of the common boundary, defendants had built a family home, approximately one-third of the premises being located on plaintiffs’ land.

According to the findings, the common north-south boundary had never been surveyed or marked; the true boundary had been established through a survey by Harvey Butler filed for record in April 1972; commencing in January 1970, defendants started building a small house (i.e., cabin),…