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Huntington's Case Study

Decent Essays

1) The first of the Five Arnold Requirements which states: The encroacher did not simply take a calculated risk, act in bad faith, or negligently, willfully or indifferently locate the encroaching structure. This requirement was met due to the fact that the Huntington’s and the Proctor’s relied on a survey that was done of the property. The survey was completed by Dennis Peoples in 1995. Mr. Peoples placed a pin along the northern border of the Proctor’s property. This pin was not intended to mark the actual boundary of the properties. This pin was referred to as the 16th pin. Based on this information, it obvious that the Huntington’s were not negligible in this instance. They had relied on the information from the surveyor. The Huntington’s

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