Landowner v. Neighbor Regarding Fence Encroachment

An owner of rural land brought an action against a neighboring property owner for trespass and to compel removal of a fence allegedly erected on the boundary line, which the neighbor claimed was placed entirely on their own property based on a recent survey. The Court of Cassation upheld the lower court's decision, finding that the trial court was justified in relying on the measurements and findings of a court-appointed expert surveyor, whose report established that the fence was entirely situated on the defendant's land, thereby defeating the plaintiff's claim of encroachment.