Christensen v. Tucker

In Christensen v. Tucker (1952) 114 Cal. App. 2d 554 250 P.2d 660, defendant's cement curb and driveway encroached on a portion of plaintiff's land. The trial court quieted title in defendant to that portion, but the court of appeal reversed. The appellate court held that even though the trial court had the power to grant affirmative relief that protected the defendant's use of plaintiff's property, that relief should extend no farther than what was reasonably necessary to do so. Since an easement would have sufficed to protect defendant's use of the land, the judgment went too far by quieting title instead. ( Christensen, supra, 114 Cal. App. 2d at p. 563.) The court discussed the test to be used when deciding whether to enjoin a trespass caused by an encroachment. Overarching the analysis is the principle that since the defendant is the trespasser, he or she is the wrongdoer; therefore, "doubtful cases should be decided in favor of the plaintiff." ( Christensen, supra, 114 Cal. App. 2d at p. 562.) To deny an injunction, three factors must be present. First, the defendant must be innocent. That is, his or her encroachment must not be willful or negligent. The court should consider the parties' conduct to determine who is responsible for the dispute. Second, unless the rights of the public would be harmed, the court should grant the injunction if the plaintiff "will suffer irreparable injury . . . regardless of the injury to defendant." Third, the hardship to the defendant from granting the injunction "must be greatly disproportionate to the hardship caused plaintiff by the continuance of the encroachment and this fact must clearly appear in the evidence and must be proved by the defendant. . . ." ( Id. at pp. 562-563.)