Property Owner v. Neighbor Regarding Boundary Wall and Public Easement Prescription

A property owner sued to compel a neighbor to remove a wall erected on the boundary, arguing it violated a municipal easement, and the lower court dismissed the action, finding that while the construction might have been irregular, the owner's claim was time-barred by the prescription period applicable to encroachments on public easements. The high court affirmed the dismissal, reasoning that once the limitation period for challenging the infringement of a public right of way has elapsed, the easement is no longer enforceable against the encroaching structure, even if the construction was initially unlawful, thus validating the neighbor's maintenance of the wall.