In Moyerman v. Glanzberg, 391 Pa. 387, 138 A.2d 681 (1958), the Supreme Court denied the issuance of an injunction to a plaintiff seeking to discontinue a continuing and permanent trespass upon plantiff's land owned in fee, albeit burdened by defendant's easement. First, the equities did not favor an injunction because the defendant had substantially completed construction before realizing that it was not he who owned the driveway in fee, on which his house encroached by 14 to 16 inches, but, rather, it was plaintiff. Second, the encroachment did not materially interfere with plaintiff's use of the driveway. Id. at 391, 138 A.2d 683.