Property Owner v. Neighbor (Retaining Wall Height Violation and Demolition Order)

A property owner sued a neighbor, alleging that the neighbor's construction of a retaining wall encroached upon their land and caused damage to the owner's adjacent building by undermining its foundations. The court of appeal upheld the lower court's finding that the construction was illegal because the retaining wall exceeded the permissible height limit defined by local planning regulations, which rendered the entire structure unlawful, and therefore, regardless of proof of actual damage caused by the encroachment or undermining, the neighbor was obligated to demolish the illegal structure. The highest court affirmed this decision, finding that the clear violation of the planning regulation regarding height justified the order for demolition, even without specific evidence conclusively linking the wall's position or height directly to the structural damage claimed.