Navarro v. Paulley

In Navarro v. Paulley (1944) 66 Cal.App.2d 827, two adjoining lots were owned by one person who constructed a garage at the rear of the properties, principally on one of the lots but encroaching five feet into the adjoining lot. The lot with the encroaching five feet of garage was subsequently sold to plaintiff in that action and the other lot to the defendant therein. After defendant refused plaintiff's offer to lease the garage, plaintiff sued to quiet title and was successful in the trial court. The Court of Appeal affirmed, stating: "So far as the garage is concerned, it may well be that the trial court drew the inference from the testimony that it could be moved from its location straddling the boundary line to a location entirely on defendant's property without any great hardship to the defendant. There is, therefore, substantial evidence to support the findings of fact, and the judgment." ( Id. at p. 830.)