Kratze v. Independent Order of Oddfellows, Garden City Lodge No. 11

In Kratze v. Independent Order of Oddfellows, Garden City Lodge No. 11, 442 Mich. 136, 500 N.W.2d 115 (Mich. 1993), the plaintiff paid the asking price for the property even after he was made aware of the encroachment. Where there is a pre-existing encroachment and the injured party was aware of the encroachment before entering into a contract for the property, the encroachment does not devalue the property. Id. Thus, the injured party should only recover the value of the strip of land on which the structure is located, rather than the value of the rest of the property that he still has the benefit of using. Id.