Boundary Dispute Over Encroachment: Survey Versus Physical Markers

A property owner sought to compel a neighbor to remove structures partially encroaching on their land, based on a survey indicating a clear boundary line, but the lower court ruled against the owner, finding that the established boundary, visible through long-standing physical markers (a wall and hedge), should prevail over the more recent, conflicting survey. The high court overturned this decision, reasoning that when a property survey clearly demonstrates an encroachment across an established boundary, the survey evidence should govern unless there was a formal agreement or prescription establishing a different boundary, and the mere existence of pre-existing physical markers does not automatically override clear documentary proof of ownership limits.