Property Encroachment and Abuse of Right Defense

A property owner sued a neighboring landowner, alleging encroachment and demanding removal of a structure built partly on their land, asserting that the neighboring title, based on a previous conveyance, was insufficient to justify the placement. The court upheld the lower court's finding, reasoning that although the precise boundary might be subject to debate, the established physical boundaries and the long-standing acceptance of the structure's placement, supported by documentation reflecting the transfer of the property as it stood, constituted sufficient basis to reject the demand for removal as an abuse of right, effectively validating the existing situation despite any minor technical discrepancy in the deed's measurements.