Encroachment and Building Regulation Violation Dispute

A property owner sued a neighboring landowner for damages resulting from the construction of an adjoining structure that allegedly encroached upon their property and violated building regulations concerning distance from the boundary line, specifically arguing that the foundation of the new wall extended onto their land and that the structure exceeded the maximum allowable height relative to the property line. The court of cassation quashed the lower court's decision, reasoning that establishing a clear factual finding of encroachment and the precise nature of the regulatory violation was essential for determining liability and the appropriate remedy, which required a precise evaluation of the physical boundaries and compliance with setback rules.