Property Owner v. Neighboring Landowner (Encroachment and Servitude Dispute)

A property owner sued a neighboring landowner, alleging that a wall erected by the neighbor encroached upon their property line and constituted a servitude burdening the servient estate, seeking its demolition and damages. The lower court rejected the claim, finding insufficient proof that the wall actually violated the precise legal boundaries or established an unwritten servitude based on thirty years of possession, as the evidence of the true boundary line remained ambiguous. The reviewing court upheld this decision, reasoning that in the absence of clear documentary or expert evidence precisely establishing the boundary or the requisite duration and nature of the adverse possession constituting a prescriptive servitude, the trial court was justified in dismissing the claim for demolition and indemnification.