Practice question
A person knowingly builds on another's land while the landowner knowingly permits the act without opposition. Bad faith on both sides within Article 453 is established. The owner seeks to apply the builder-only bad-faith consequence while ignoring the owner's own bad faith. Which is correct?
- Only the builder's state of mind can ever matter.
- Article 453 provides that their rights are treated as though both acted in good faith.
- Both parties automatically lose all property to the State.
- The owner automatically obtains every remedy without indemnity.
- The builder's knowledge makes Article 453 nonexistent.
Legal references
- Civil Code Articles440–448 and453; https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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