Harrison

In 1994, defendant Denese Welch built a woodshed and placed some landscaping on her property that partially encroached on the vacant lot next door. When plaintiffs Clark and Dana Harrison purchased the vacant lot in 2001, they had the property line surveyed and discovered the encroachment. The Harrisons brought this action to quiet their title to the lot and to enjoin Welch’s encroachment. In response, Welch sought to establish title to the encroachment area by adverse possession or a prescriptive easement to maintain the woodshed and the landscaping. She also contended the Harrisons’ suit was barred by the statute of limitations.

The trial court rejected Welch’s claims to title by adverse possession and a prescriptive easement, but agreed the Harrisons were “time barred from obtaining a mandatory injunction requiring the immediate removal of the encroachments.” Nevertheless, the trial court determined it could grant equitable relief to the Harrisons based on Welch’s claim for equitable relief in her cross-complaint. The court determined the trees planted on the Harrisons’ property belonged to the Harrisons, and although the court allowed Welch to keep a buried sprinkler…