Allen

The genesis of this litigation is a real property boundary dispute. The property of plaintiffs, the Allens, was separated from that of defendants, the McMillions, by a chain link fence and foliage growing along it. The fence had been in place when the Allens purchased the property, and they understood it marked the property boundary. The McMillions had their property surveyed and discovered that the fence was four feet in from the property line on their property. They announced to Mr. Allen their intention to remove the fence and foliage. The Allens contacted counsel who wrote the McMillions expressing the Allens’ desire that the fence remain in place and stating the opinion that the McMillions had no right to remove the fence as it represented an agreed boundary of prior owners of the respective properties. Nevertheless, the McMillions had the fence removed.

The Allens then sued the McMillions and others. The causes of action directed against the McMillions were to quiet title, and for adverse possession, trespass, declaratory relief, and invasion of privacy. Defendants’ motion for summaiy judgment as to all causes of action save for adverse possession, was granted and…