Encroachment Versus Prescriptive Right to Servitude

A plaintiff sought damages after a structure encroached upon their property by a few centimeters, arguing the intrusion constituted trespass and warranted removal, but the defendant claimed a prescriptive right based on thirty years of undisturbed use. The court rejected the appeal, reasoning that while encroachment generally permits a claim for remedy, the thirty-year undisturbed use of the encroaching portion established a prescriptive right to the servitude, effectively preventing the plaintiff from demanding its removal or compensation.