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Joseph and Helen Naab purchased a tract of land in a subdivision of Williamstown, West Virginia. At the time of the purchase, there were both a house and a small concrete garage on the property. Evidence showed that the garage had been erected sometime prior to 20 years earlier by one of the Naabs’ predecessors in title. Two years after the Naabs bought their property, Roger and Cynthia Nolan purchased a lot contiguous to that owned by the Naabs. The following year, the Nolans had their property surveyed. The survey indicated that one corner of the Naabs’ garage encroached 1.22 feet onto the Nolans’ property and that the other corner encroached 0.91 feet over the property line. The Nolans requested that the Naabs remove the garage from their property. When the Naabs refused, a lawsuit ensued. Who wins? If you were the judge, what would be a potential remedy that is fair and just to both parties? Naab v. Nolan, 327 S.E.2d 151, 1985 W.Va. Lexis 476 (Supreme Court of Appeals of West Virginia)
No less than 250 words.
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