Question

Fact Pattern

Wilhelmina and Frederica were lifelong friends and neighbors. The two first met when they were both young brides, having moved into homes that had adjoining backyards. It didn’t take long before they formed a friendship that lasted for more than sixty years.

In the early years of their friendship, the two would visit each other daily for a late morning breakfast after the kids went-off to school. Rather than having to waste time walking around the block, the two women got into the habit of crossing through their backyards.

The women would only cross through their backyards to visit each other, but this habit soon attracted the attention of the neighborhood children, who also began cutting through their backyards. To prevent any further trespassing on their properties, both families surrounded their land with fencing, but they were sure to allow for a small hidden opening in the fencing so that Wilhelmina and Frederica could continue to cross their backyards to visit with one another.

As the years went by and their children had gotten older, the two women entered the workforce and their visits with each other became less frequent. They did, however, get together on dull Friday or Saturday nights for a game of canasta after supper. Also, when one of the women was away on vacation with her family, the other would be sure that the plants were watered and the mail was brought inside the house.

In later years, as the two entered old age, Wilhelmina and Frederica began spending more and more time with each other, especially after the death of their husbands. With their children either busy or living out of state, Wilhelmina and Frederica came to rely on one another for support and companionship.

Sadly, the day eventually came when the two friends were separated forever. One night, Wilhelmina suffered a terrible fall in her bathtub and died soon thereafter. Frederica was devastated by the loss of her friend and withdrew into the solitude of her empty house. Once the day of the funeral passed, Frederica never again set foot on what used to be Wilhelmina’s backyard.

Wilhelmina’s home was inherited by her son, William, who subsequently moved into the house with his wife. William made the decision to move into his mother’s old home because, one year earlier, the county’s commuter bus service had put a new bus stop right across the street from Wilhelmina’s home. This had substantially appreciated the values of the homes in the neighborhood, which had until then been completely isolated from any public transportation. Also, this new bus service would enable William to easily access the big city where he worked in just 15 minutes. This was a much shorter commute than from any other location in the county.

Few months after moving in, William started to notice that Frederica seemed depressed and unable to care for herself. Although never close to Frederica in the way that his mother had been, William reached out to Frederica’s children and informed them of their mother’s situation.

Frederica’s son, Fred, made the decision to move his ailing mother into a nursing facility and immediately sell her home. Knowing how property values had appreciated in light of the new bus stop nearby, Fred was hoping to make a substantial profit on the sale of his mother’s home.

One bidder in particular made a substantially high offer for Frederica’s house, but he soon withdrew the offer when another house right next door to where William now lived had been put on the market. This other house was nowhere near as nice as Frederica’s house, but it was directly across the street from the new bus stop. Although the roads in the neighborhood were perfectly safe and well lighted at night, the bidder did not want to take the time to walk around the block to get to and from the bus stop, especially during the cold winter months.

In hopes of persuading the bidder to resubmit his offer, Fred told the bidder that he could easily cut-through William’s backyard to get to and from the bus stop within second. Fred even pointedout the hidden opening between the two backyards, which Fred said “was intentionally put there so that we could cross their backyard.”

When William learned of what Fred told the bidder, he and his wife were furious with Fred. They immediately began planting bushes and piling-up rocks in order to block the opening between the two backyards. In response, Fred petitioned the court for an injunction to prevent William from obstructing the opening.

Question

Is the court likely to issue the injunction to prevent William from obstructing the opening between the two backyards?

Answer 1

In my opinion, court will not issue injunction to prevent William from obstructing the opening between the two backyards. This is because that opening was meant for private use for passage of across backyards of the two houses. It was not meant for public use since it would lead to destruction of backyard, littering, even theft as well. Hence it was not safe for passerby to cross that opening between the two backyards. William did the right thing to close that opening and the court must not have any objection with that.