Inc. Rachelle claims it did not trespass and that appellant misrepresented the location of the utility access point. Rachelle started a building on the property, which included a bridge between the building's second floor and a parking lot on top of a nearby hill. The bridge footings were on Stone Ridge's property. Stone Ridge objected, Rachelle completed the building and the bridge, Stone Ridge sued, and Rachelle counterclaimed for misrepresentation regarding the location of the utility access point. Both parties appeal.
Trespass occurs when a person enters the land of another without the other's consent.
Copeland v. Hubbard Broad. The bridge and its footings are built on and cross over Stone Ridge's land. Rachelle claims Stone Ridge implicitly consented to the construction of the bridge. Here, a reciprocal easement agreement gives Rachelle the right to use the parking lot at the top of the hill but it does not expressly state Rachelle can build a bridge. While the trial court found Bernick and Bergeron discussed Bernick's plan to build a bridge, the trial court did not find that Bergeron approved the idea.