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AllBar 2024CIVIL LAWIV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONSB. Ownership (Civil Code, arts. 427-439)

Question

IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

B. Ownership (Civil Code, arts. 427-439)

A owns a residential lot and decides to build a fence around the perimeter of his property. However, A mistakenly encroaches upon a small portion of the adjacent lot owned by B. The encroachment includes an area of 2 square meters and affects B's access to a part of his own lot. A refuses to demolish the fence or rectify the encroachment.

In light of the given scenario, answer the following questions:

  1. What legal concept is applicable to the situation?
  2. What are the rights and remedies of B as the affected neighboring lot owner?
  3. What are the obligations and liabilities of A as the encroaching lot owner?
  4. Discuss the role and relevance of good faith and negligence in determining the rights and liabilities of the parties involved.



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