Q.

A, B & C are the co-owners of a parcel of land. A constructed his house at the middle of the property, such that, when they partitioned it, his house was found to be intruding into the share of B. What is the right of B?

A. A can be evicted by B.
B. B can appropriate the portion of A’s house intruding into his share as A is a builder in bad faith.
C. A may compel B to buy his house.
D. Since A is a builder in good faith, B may exercise the option to sell the land or appropriate the improvement.
Answer» D. Since A is a builder in good faith, B may exercise the option to sell the land or appropriate the improvement.
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