1195

When the owner of the accessory thing has made the union in bad faith, he shall lose the thing united and shall be obliged to indemnify the owner of the principal thing for the damages he may have sustained.\nWhen the person acting in bad faith is the owner of the principal thing, the owner of the accessory thing shall have the right to choose between being paid by the first for the value of the thing, or to have the thing belonging to him separated, though it may be necessary for such purpose to destroy the principal thing, and, in both cases, an indemnity for damages and injury may be recovered.\nIf either of the owners had made the union in the presence and with the knowledge and forbearance of the other, and without opposition from him, their respective rights shall be determined in the manner provided for cases in which they acted in good faith.\nHistory —Civil Code, 1930, § 314.