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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

A good-faith builder mistakenly builds on another's land. Both parties' good faith and Article 448's application are established. The land is stipulated to be considerably more valuable than the building. The owner declines appropriation but insists the builder must buy the land. Which is correct?

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The owner can always compel purchase regardless of comparative values. The builder cannot be compelled to buy in that situation; the statute provides reasonable rent if the owner does not appropriate after proper indemnity. The court can never determine lease terms if the parties disagree. The owner's refusal automatically requires demolition without any other analysis.

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