Encroachment Removal Despite Alleged Authorization Over Mandatory Setback Violation

A property owner brought an action against a neighbor seeking removal of a structure encroaching on their land, which the neighbor claimed was built pursuant to an authorization granted by the owner's predecessor and the relevant planning permission, but the trial court found that the structure violated mandatory setback requirements under local regulations that were in effect at the time of construction, and thus constituted an unlawful encroachment justifying removal. The high court upheld the lower court's decision, reasoning that the statutory setback rules are matters of public order and must be respected, and any authorization granted in contravention of these mandatory provisions is legally null and void and cannot confer any right to maintain the encroachment.