=if both are in BF treat as if both were in GF RULES WHEN LO-BPS MAKES CONSTRUCTIONS OR PLANTINGS OF ANOTHER LO-BPS GF BF can

acquire materials when fully paid can acquire materials when fully paid plus pay damages GF GF OM receive full payment of materials receive full payment of materials plus receive damages or GF can acquire materials without paying for the value plus receive damages due to defects or inferior quality of materials BF remove materials regardless of injury plus receive damages

losses materials without indemnity plus pay damages due to defects or inferior quality of materials

=if both are in BF treat as if both were in GF =indemnity-includes necessary expenses, useful expenses, luxurious expenses (if LO wants to appropriate lux improvement) RULES WHEN BPS BUILDS, PLANTS, SOWS (bps) ON THE LAND OF THE OWNER LO GF1 purchase bps after paying for indemnity GF1 BPS receive indemnity plus retention of land without paying rent until full payment of indemnity or or GF2 obliged BP to buy the land or S to pay rent provided land value not more than bps GF2 remove useful improvements if no injury remove lux improvements if no injury

land value not more than bps, BPS purchase land at FMV provided If BPS cannot pay the value of land, LO can require BPS to remove bps If value of land is more than bps, BPS cannot be compelled to buy land only pay rent If BPS cannot pay rent, LO can eject BPS from the land

BF

acquire bps by paying for indemnity plus pay damages

GF

if LO acquires bps, BPS receive indemnity plus receive damages If LO does not acquire bps, BPS cannot insist on buying the land -instead BPS can remove bps (with or without injury) plus receive damages

GF1

acquire bps without paying for indemnity (only necessary expenses and lux expenses) plus receive damages

BF1

losses bps without indemnity plus pay damages -entitled to reimbursement of necessary expenses but no right of retention -entitled to reimbursement for useful expenses but no removal of useful improvements with or w/o injury - if LO acquires: entitled to reimbursement for lux expenses -if LO does not acquire and no injury cause: not entitled to reimbursement but entitled to remove lux improvement

GF2 GF3

obliged BP to buy the land or S to pay rent plus receive damages compel BPS to remove or demolish work done plus receive damages

BF2 BF3

obliged to pay for purchase of land or pay rent plus pay damages obliged to remove or demolish work done plus pay damages

=indemnity- value of bps plus value of materials used

and

=if BPS and OM are in BF treat as if both were in GF RULES WHEN LO, BPS, AND OM ARE 3 DIFFERENT PERSONS

LO GF1 acquire bps provided there is indemnity GF1

BPS receive indemnity with right of retention until fully paid GF1

OM receive indemnity from BPS (primarily liable for materials) if BPS is insolvent, proceed against LO (subsidiary liable) GF2 receive indemnity from BPS only with right of retention until fully paid remove materials if no injury caused and material rent lien against BPS for payment of the materials value

GF2

obliged BP to buy the land or S to pay rent provided land value not more than bps

GF2

buy land or pay rent

GF

same as above

GF

same as above

BF

LOs given option: 1. Loses materials in favour of BPS

2. No right to receive indemnity from LO or BPS GF1 acquire bps without paying for indemnity (only necessary expenses and lux expenses) plus receive damages GF2 obliged BP to buy the land or S to pay rent Plus damages GF3 compel BPS to remove or demolish work done plus receive damages BF BF acquire bps, pay indemnity plus pay damages same as above GF GF BF3 obliged to remove or demolish work done plus pay damages receive indemnity plus receive damages from LO same as above GF BF receive indemnity for value of matl from BPS and if BPS insolvent from LO no right to recover indemnity or value of matl from BPS and if BPS insolvent from LO BF3 BF2 BF1 losses bps without indemnity (only necessary expenses and lux expenses) plus pay damages no right of removal even if no injury buy land or pay rent and pay damages to LO BF2 LO chooses option 1, OM no right of removal even if no injury LO chooses option 2, OM has right to remove provided no injury pay damages due to defects or inferior quality of materials BF any LOs option: LO not subsidiary liable OM right to receive indemnity for value of materials from BPS only