Property Encroachment, Acquiescence, and Good Faith

A property owner filed a lawsuit seeking to compel neighbors to remove a projection, such as a balcony or window, that encroached upon their property, arguing that the projection violated municipal planning regulations by exceeding the allowed setback, but the lower court dismissed the claim, finding that the encroachment was insignificant and had been tolerated for a long period without objection. The highest court upheld the dismissal, reasoning that while the projection was indeed a material encroachment, the owner's long-term acquiescence, coupled with the minor nature of the violation, supported the trial court's finding that the claim for removal was abusive and barred by the principle of good faith and estoppel.