Landowner Suit Over View Obstruction and Excessive Nuisance

A landowner sued a neighbor, claiming the neighbor's construction, which abutted the common boundary, obstructed their view and interfered with their enjoyment of their property, seeking demolition of the offending structure and damages. The court of first instance and the appellate court both dismissed the action, ruling that the construction was lawful and did not violate any applicable construction regulations or established servitude rights, thereby not establishing a legally recognized fault sufficient to warrant the requested remedies. The highest court quashed the lower court's decision, reasoning that even without a violation of specific rules or servitudes, the neighbor had an obligation to refrain from causing substantial prejudice or annoyance to the enjoyment of the adjacent property, and the lower court failed to properly assess whether the construction, by significantly impacting the view and light, constituted an abuse of right or an excessive nuisance requiring redress.