Practice question
A building was constructed on another's land in good faith, and Article 448 applies with both parties in good faith. The landowner chooses to appropriate it. Can the landowner ignore the required indemnity merely by citing accession?
- Yes; accession always means free acquisition.
- Yes; every good-faith builder loses all protection.
- Yes; the owner may choose any compensation of zero.
- No, because appropriation is never allowed.
- No. Appropriation under that option follows payment of the indemnity referred to in Article 448.
Legal references
- Civil Code Articles440–448 and453; https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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