Property Owner v. Adjacent Landowner (Abuse of Right in Construction)

A property owner sued the adjacent landowner, alleging that the latter's construction of a wall, which blocked natural light and air to the owner's property, constituted an abuse of right because it served no practical purpose other than to annoy the neighbor. The court dismissed the appeal, reasoning that the right to build on one's own land is absolute unless specifically limited by law or servitude, and absent a demonstrable fault or unlawful encroachment constituting an abuse of right exceeding the scope of legitimate property interests, the construction, even if motivated by spite, does not render the builder liable.