Neighbor factory's retaining wall on our land: removal and return ordered

Background

Our client acquired a parcel of land on which a neighboring company had long ago built a reinforced-earth retaining wall and other structures while extending its factory and warehouse. Our client sued the company for removal of the structures and return of the land.

The issue

Whether the structures had become part of the land and thus our client's property (accession), whether the company had acquired the land by more than 20 years of possession, and whether the removal claim was an abuse of rights.

Our approach

Our client identified the encroaching area through a court-appointed survey and other evidence and sought removal and return based on ownership.

The court's reasoning

The court found insufficient evidence of accession. On adverse possession, it held that even if the period had run, a possessor who fails to register cannot assert it against someone who registers ownership first; because our client acquired title after the date on which the company claimed the period was completed, the company's argument failed. The abuse-of-rights defense was rejected for lack of evidence that our client acted solely to cause harm.

Outcome

The court ordered the company to remove the retaining wall and structures and return the land, with costs on the company and the order provisionally enforceable.

What this case means

Even after the period for adverse possession has run, a possessor who has not registered cannot assert it against a person who newly acquires ownership in the meantime.

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.