Civil Law, 2022 Bar — Question II-1-b

ESSAY

Pepe and Pilar are adjoining lot owners. Suppose Pepe's lot is titled and without his knowledge, it was encroached upon by Pilar whose lot is untitled but who honestly believed that the encroached portion, where she built a small bungalow house, is still within her property. (b) Suppose it is Pilar's lot that is titled, and Pepe's lot is untitled, would Pilar be a builder in good faith? Discuss Pepe's right as against Pilar. Explain briefly. (5 points)

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