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X is the registered owner of Lot A, with Torrens title. Y, a neighbor, constructs a shed and a fence that encroach about 2 meters onto Lot A. X sues Y for reconveyance of the encroached land and for damages. X waited six months to sue and did not attempt to compel removal during that period. At trial, which statement best reflects the Duty of the Injured Party in relation to damages?

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The injured party may recover attorney's fees as damages even if he did not mitigate. Mitigation is not applicable in land-title disputes because the primary remedy is reconveyance or removal, not damages. Damages may include the cost of removing the encroachment and the diminution in value of Lot A, even if the injured party could have prevented part of the loss. The injured party must mitigate damages; failure to do so reduces recoverable damages.

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