Can de minimus be applied to trespass?
A judge has ruled in favour of my neighbour in a trespass case between me and my neighbour. My neighbour has admitted trespass, in the form of building a fence on my side of my western boundary. Even still, the judge ruled the amount of trespass (nearly 350ft2) is de minimus. Is this correct and if so, is there a minimum and maximum limit for de minimus to be applied?
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