Encroachment Dispute: Right to Property vs. Equitable Remedy

A property owner, whose garage encroached upon a neighboring property due to a slight misalignment during construction, sought to compel the neighbor to sell the encroached strip of land, arguing that the trespass was minor and that the cost of demolition and rebuilding would be disproportionate to the benefit gained by the neighbor. The court of cassation overturned the lower court's decision compelling the sale, reasoning that the neighbor possessed an absolute right to demand the removal of the encroachment, as this right is protected by property law, and the alleged disproportionate burden on the builder did not justify forcing the owner to yield their property rights under the guise of equitable compensation or forced sale.