Owner v. Tenant: Implied Authorization for Unauthorized Construction

The case concerns a dispute where a building owner sought to compel a tenant to remove a structure built on the property, arguing the construction lacked the required administrative authorization, while the tenant claimed the structure was necessary for their professional activity and the owner had implicitly consented through inaction and acceptance of rent. The court upheld the lower court's decision denying the owner's request, reasoning that the finding that the structure was necessary for the tenant's livelihood and that the owner's tolerance, evidenced by long-term acceptance of the situation and rent payments, constituted an implied, tacit authorization for the construction, thereby barring the owner from later demanding its removal, particularly since the structure did not cause undue prejudice.