686. Presumed intention operative despite owner's ignorance or incapacity.

686.     Presumed intention operative despite owner's ignorance or incapacity.

The fact that the owner of the estate is ignorant of his rights prevents him from having any actual intention as to merger, but the presumed intention may still operate, according to the circumstances, either to effect or to prevent merger1.

Where the owner is under an incapacity, the question of merger as a rule depends technically on the presumed intention but actually on considering what is most advantageous to him2.