Neighbor's fence removal ordered on shared strip; permanent ban on future structures rejected.

The court ordered defendant [C] to remove a fence erected on a shared ground strip within fourteen days and to keep it removed. While the plaintiff [A] successfully argued that the fence unacceptably hindered their easement, the court rejected the request to permanently prohibit [C] from placing future objects there. The decision rested on the finding that [A] failed to prove a prior agreement granting [C] the right to build, yet also found insufficient evidence that [C] intended to rebuild immediately after removal.