Only the owner of a building that is encroached upon can request compensation or the purchase of the land.
Every person has their own bubble, every building has its own land. Woe to the one whose building encroaches on the neighbor's. Often, in the absence of good faith or a willingness to solve the problem, a neighbor must resort to the courts.
A Daredevil, after purchasing a building, adds a garage to it. Fifteen years go by and a Headstrong person buys the neighboring property. The following year, the Daredevil buries electrical wires under the garage entrance with the help of the Headstrong person.
Shortly after, due to a survey, the Headstrong person informs the Daredevil that a portion of the garage and its installations encroach on their land. Immediately, the Daredevil offers to buy, for the sum of $3,400, the 275 square foot parcel of land on which the garage encroaches. The Headstrong person refuses, and the Daredevil turns to the Court to force the Headstrong person to sell the said parcel. The latter replies and demands the relocation or demolition of the encroachments.
The court concludes that only the invaded owner (the Headstrong person) and no one else can request the purchase of the land or compensation. The Daredevil's request is therefore rejected, as accepting it would be tantamount to allowing expropriation for private use. The judge refuses to comply with the Headstrong person's request for demolition since the Daredevil is acting in good faith, the encroachment is minor, and only causes minor prejudice to the Headstrong person given the extent of their land (57,300 sq. ft).
One thing is certain: "if you want to know the truth about yourself, offend your neighbor."
*CS 300-05-000053-010
