Doris Britt v. Janny Russell Chambers

This is a boundary line dispute. The parties are adjacent landowners. In April 2003, a dispute arose between the parties over the exact boundary line between their properties. The plaintiff erected a seven-foot privacy fence on what she perceived to be the proper boundary line. The defendant dismantled the fence and removed it. The plaintiff brought this action for the trial court to set the appropriate boundary line and for damages related to the defendant’s removal of her fence. After a hearing, the trial court held in favor of the plaintiff, determining that the boundary line should be set according to a 1997 survey conducted when the plaintiff purchased her property and awarding the plaintiff damages for the removal of the fence. The defendant now appeals. We affirm, concluding that, in the absence of a trial transcript or a proper statement of the evidence, we must presume that the trial court’s decision was supported by the evidence.