Encroachment Dispute and Boundary Acquiescence

A property owner sued a neighbor who constructed a building that encroached upon their land and sought its demolition, arguing that the encroachment violated property lines established by a survey; the neighbor defended the construction by claiming that the owner had acquiesced to the location of the boundary marker, which had been moved, and that the owner's claim was barred by the prescriptive period for challenging property boundaries. The court rejected the appeal, holding that the trial court correctly found that the neighbor had not established the requisite element of good faith necessary to invoke the prescription period for acquiring title to the encroached land, nor had the owner waived their right to contest the boundary since the encroachment was clearly visible and a continuing wrong.