Owner v. Neighbor Regarding Encroachment and Right to Property Reinstatement

A property owner sued a neighboring landowner for damages after the latter built a structure encroaching upon the former's land, arguing the construction was done in bad faith and without respecting the established boundary markers. The court of appeal had rejected the claim for removal of the encroachment and awarded only monetary damages, essentially applying a rule of proportionality where the minor intrusion did not justify the costly demolition. The high court quashed this decision, reasoning that the intentional act of building over the property line, constituting a clear violation of the right of ownership, necessarily justified the owner's primary claim for reinstatement of their property rights, irrespective of the minor extent of the encroachment or the costs associated with its removal.