In 1960, Bryant Myers recorded a declaration of protective covenants and restrictions for his Meadowlark Ranches property. Parcel One describes a 60-foot-wide roadway throughout the private development. In 1986, Sylvan L. Kapner bought a five-acre lot in Meadowlark Ranches from Myers. Kapner built his house, driveway, gate and perimeter fence. Purchase Bob Bruss reports online. In 2001, the Meadowlark Ranch Association, which controls the common areas within the development, surveyed the ranch's private roadway. The survey determined Kapner's improvements encroach on the 60-foot-wide roadway parcel that is owned by all the owner-members of the association. Rather than sign an encroachment agreement, Kapner sued the association for declaratory relief and quiet title so he could retain the encroachment. The association sought an injunction against Kapner's encroachment. If you were the judge would you allow Kapner to retain his encroachment on part of the roadway area owned by the h...
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