Property Encroachment and Acquiescence in Building Violations

A property owner initiated an action against a neighbor to enforce the removal of a structure, claiming it encroached upon their land and violated local regulations concerning building distance from property lines, but the lower court dismissed the claim, finding the owner had acquiesced to the construction through prolonged silence. The highest court quashed the lower court's decision, reasoning that while passive tolerance of an encroachment might be established, the claimant's right to enforce the restoration of the building to its legal alignment or to claim damages for the violation of property rights or local ordinances is not automatically forfeited by mere inaction, as acquiescence must be unequivocal and proven.