Questão jurídica principal
Whether the respondent had to bear the demolition costs of the two encroachments on the appellant's land and the vicinal road
Decisão extraída
No. The respondent was not the author of the encroachments and therefore lacked passive standing in the negatory action; demolition could not be ordered at his expense.
Fundamentação extraída
For direct encroachments, the negatory action under Art. 641(2) CC lies against the author of the disturbance. If the author is unknown or deceased, the current owner of the encroaching land is not thereby substituted as defendant for removal costs.