Encroachment Removal Barred by Abusive Exercise of Rights and Acquiescence

A property owner sued a neighbor, alleging that a structure encroached on their land due to a boundary survey error, and sought its removal. The lower court dismissed the claim, finding that the alleged encroachment was minor, established through long-term acquiescence, and that demanding removal would constitute an abusive exercise of rights given the context and the minimal prejudice suffered by the owner. The high court upheld the dismissal, reasoning that the owner of the adjacent land could not insist on the removal of an insignificant encroachment that resulted from an erroneous survey but was accepted by the parties over time, as such a demand constituted an abusive exercise of ownership rights under the circumstances.