S.A 2020/21 B.E CIVIL LAW | Question #8
SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN CIVIL LAW | Question #8
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Believing that a parcel of land was public land, a farmer built a two-story concrete house on it. Five years later, a person showed up bearing an original certificate of title over the lot which had been registered for more than 10 years. The person asked the farmer to vacate the parcel of land.
The farmer refused to vacate unless the titled owner pays the fair market value of the house built on the parcel of land.
Does the farmer have legal ground to demand payment for the house before vacating the parcel of land? Explain briefly.
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No, the farmer does not have legal ground to demand payment because he is a builder in bad faith.
The farmer knew that he was not the owner of the land at the time he constructed the house considering that he believed it to be public land. A builder in bad faith loses what is built, planted, or sown on the land of another without the right to indemnity (Civil Code, Art. 449). The owner of the land on which anything has been built in bad faith may also demand the demolition of the work, or he may compel the builder or planter to pay the price of the land, plus damages (Civil Code, Arts. 450-451).
Code: S.A 2020/21 B.E CIVIL LAW | Question #8
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