SPOUSES DEL CAMPO V. OBESIA
160 SCRA 379
An action of partition was filed by the plaintiffs. Together with the defendants, they were owners pro-indiviso of a parcel of land. In the survey conducted by the trial court it was found that the defendant’s house encroached on the lot of plaintiff.
When a co-ownership is terminated by the partition and it was found that the house of defendants overlaps a portion of land of plaintiffs, which defendants built in good faith, Article 448 can still be applied.