Building removal claim over encroachment dismissed
In a suit by a landowner seeking removal of neighboring buildings allegedly encroaching on their land, the claim against our client was dismissed for lack of evidence.
How the case unfolded
Background
A landowner (the plaintiff) sued three neighboring building owners, claiming that each building encroached on their land, and sought removal of the buildings and return of the land. Against our client, the plaintiff demanded removal of an approximately 60 m² poultry shed, alleging it stood on the plaintiff's land.
Issues and ruling
For the other two defendants, the survey appraisal confirmed actual encroachment. For our client's building, however, the court found that the plaintiff's evidence was insufficient to prove that it had been built over the plaintiff's land, and that there was no other evidence to show this.
Outcome
The plaintiff's claim against our client was dismissed, and the plaintiff was ordered to bear the litigation costs between the plaintiff and our client.
This is the outcome of an individual case and does not guarantee the same result in similar matters. Some facts have been generalized to protect the parties involved.
Related practice and case
See the practice area and another success story from the same field.
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