In Capodilupo v. Vozzella,46 Mass. App. Ct. 224, 227, 704 N.E.2d 534 (1999), a building in Boston's North End encroached at most 4.8 inches onto the abutter's registered land, totaling about seven square feet. The Appeals Court overturned the decision of a Land Court judge who, after trial, ordered the encroachment removed. The Capodilupo court reasoned that a court may engage in a "balancing of equities after due consideration of all pertinent facts" when considering whether "a case comes within a particular exception." Capodilupo v. Vozzella,46 Mass. App. Ct. at 227. In ruling that the encroachment was de minimis, the Appeals Court relied on the fact that the area encroached upon was a "small open courtyard which the plaintiff uses to store trash," that the encroachment did not deny the plaintiff "the beneficial use of his land," that removal would "imperil the stability of defendant's building," that the encroachment was "spatially inconsequential," and that the encroachment was "neither intentional nor the result of negligent construction." 46 Mass. App. Ct. at 227.