§ 52-570 — Action for malicious erection of structure.

An action may be maintained by the proprietor of any land against the owner or lessee of land adjacent, who maliciously erects any structure thereon, with intent to annoy or injure the plaintiff in his use or disposition of his land. See Sec. 52-480 re injunction against malicious erection of structure.

Legislative History

(1949 Rev., S. 8311.) What constitutes “malice” and evidence of it; 75 C. 424; a question of fact ordinarily not reviewable. 82 C. 290. Court rejected defendant's argument that the effect of this section and Sec. 52-480 is to create for plaintiff an unlawful visual easement across defendant's land. 174 C. 29. Cited. 43 CA 1; 46 CA 164. Elements necessary to state a cause of action under section enumerated. 21 CS 110. Testimony credible that fence was erected, in part, for legitimate purpose of safeguarding children and dogs; essential elements of cause of action under section are (1) structure erected on defendant's land, (2) malicious erection of structure, (3) intent to injure enjoyment of adjacent landowner's land by erection of structure, (4) impairment of value of adjacent land because of structure, (5) structure is useless to defendant, and (6) enjoyment of adjacent landowner's land is in fact impaired. 51 CS 399. Provides legal remedy for structures erected with intention to annoy and injure plaintiff's use of premises. 6 Conn. Cir. Ct. 427, 428.