Encroachment Dispute Over Building Permit Based on Erroneous Survey

A property owner brought an action against a neighbor seeking the removal of a structure encroaching upon their land, arguing that the neighbor had obtained a building permit based on an incorrect survey that overstated the dimensions of the neighbor's plot, leading to the structure being built partially on the claimant's property. The court upheld the lower court's decision denying the removal, reasoning that while the encroachment was established, the construction of the building was executed in good faith based on an official permit and an erroneous but accepted survey, and given the minor nature of the encroachment, ordering demolition would constitute an abuse of the right to property, favoring the maintenance of the existing construction over its destruction.