Property Owner v. Developer: Retaining Wall Encroachment and Soil Subsidence

A property owner sued the developer of adjacent land, claiming that the retaining wall built by the developer encroached upon their property and caused soil subsidence, requiring costly repairs, despite the developer relying on municipal authorization for the structure. The court upheld the lower court's decision, reasoning that while the wall possessed the necessary administrative permits, the owner of the adjacent land retained a civil right to the integrity of their property, and the developer was liable under the principle of fault for causing damage to the neighboring land through the construction, irrespective of compliance with building regulations.