Property Owner v. Neighbor (Prescriptive Easement for Encroachment)

A property owner sued to compel a neighbor to remove a balcony that encroached upon their land, asserting a right to the uninterrupted use of their property and citing the neighbor's prior failure to secure necessary authorization for the construction. The court dismissed the appeal, reasoning that the lower court correctly found that the balcony's presence, having remained undisturbed for a significant period without objection from the owner, had established a prescriptive right (usucapion) in favor of the neighbor, thereby legitimizing the encroachment despite the initial lack of formal authorization.