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Primary Text
If there was bad faith, not only on the part of
the person who built, planted or sowed on the land of
another, but also on the part of the owner of such land,
the rights of one and the other shall be the same as
though both had acted in good faith.
It is understood that there is bad faith on the part of the
landowner whenever the act was done with his
knowledge and without opposition on his part. (364a)
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Plain Language