ART.

447
LANDOWNER
AND
BUILDER, PLANTER, OR SOWER

OWNER OF MATERIALS

GOOD FAITH

GOOD FAITH

1. Acquire the building, planting, or sowing 1. Remove them if there would be no injury
after paying indemnity for value. (447)
to work constructed, or without plantings
or constructions being destroyed; (447)
2. Receive indemnity for value.
BAD FAITH
1. Acquire after paying value and paying
indemnity for damages. (447)
GOOD FAITH
1. Acquire without paying indemnity (by
analogy with 449).

GOOD FAITH
1. Remove in any event;
2. Be indemnified for damages. (447)
BAD FAITH
1. Lose them without right to indemnity (by
analogy with 449)

BAD FAITH

BAD FAITH

Same as though both acted in good faith.

Same as though both acted in good faith.

GOOD FAITH IN THE BUILDER lies in his belief that the materials belong to him and his
ignorance of any defect or flaw in his title.
BAD FAITH IN THE BUILDER lies in his knowledge of his lack of title and the absence of
permission of the owner of the materials.
GOOD FAITH IN THE OWNER OF THE MATERIALS lies in his ignorance of the Builders acts.
BAD FAITH IN THE OWNER OF THE MATERIALS consists in allowing the use of the materials
without protest.

ART. 448-458

LANDOWNER

BUILDER, PLANTER, or SOWER

and
OWNER OF MATERIALS

GOOD FAITH

GOOD FAITH

1. Landowner has option to (Art. 448);

1. In (b), builder has right to retain until
a. Sell Land to Planter or builder or
indemnity paid and cannot be required to
collect rent from sower.
pay rent.
b. Acquire improvement upon paying
indemnity. Indemnity to be either:
I. Original cost of improvement (not
ornaments) or
II. Increase in value of whole (plus
value) (NCC. 546, 548)
GOOD FAITH

BAD FAITH

1. Option to:
1. Lose them without right to indemnity;
a. Acquire improvements without paying 2. Recover necessary expenses for
indemnity and collect damages;
preservation of land;
b. Sell land to Builder, Planter or rent
3. Pay damages to landowner.
land to Sower, and collect damages in
both cases; or
c. Order demolition of work, or
restoration to former condition and
collect damages.
2. Pay necessary expenses for preservation.
(449, 450, 451)
BAD FAITH

GOOD FAITH

1. Landowner must indemnify builder for the

1. Remove them in any event; or
improvements and pay damages;
2. Be indemnified for damages.
2. Cannot compel builder to buy land without
Bs consent; otherwise, B could collect price
as damages. (454, 447)
BAD FAITH

BAD FAITH

Same as though both acted in good faith.

Same as though both acted in good faith.

GOOD FAITH IN THE BUILDER lies in his belief that the land belongs to him, and his ignorance
of defect or flaw in his title.
GOOD FAITH OF THE OWNER lies in his ignorance of the builders acts, or belief that the
builder has the right to construct.
BAD FAITH IN THE BUILDER lies in his knowledge of his lack of title and absence of permission
of landowner.