Article

Parties involve

General Rule

Right of the Land Owner

Rights of the Builder, Planter, Sower or Material Owner When in Good Faith: To remove the materials w/o causing injury to the work done *To reimbursed for the value of the materials ; if LO/B is in BF Value + Damages If LO/B is in BF, the MO has the right to remove the materials even causing injury to the work done + Damages when warranted Note: In both situations MO enjoys the priority of right; that is to remove the materials. Rights to be reimbursed for the improvement If LO choose to appropriate the works and improvements but does not pay the necessary

447
The owner of the land who makes thereon, personally or through another, plantings, constructions or works with the materials of another, shall pay their value; and, if he acted in bad faith, he shall also be obliged to the reparation of damages. The owner of the materials shall have the right to remove them only in case he can do so without injury to the work constructed, or without the plantings, constructions or works being destroyed. However, if the landowner acted in bad faith, the owner of the materials may remove them in any event, with a right to be indemnified for damages.

Land Owner also Builder And Material Owner

Applies only to construction or works done by the owner of theland using Materials belonging to another

When in Good Faith: Becomes the Owner of the Materials upon payment of the value of the materials used belonging to another Exception: When the owner of the materials choose to remove the materials w/o causing injury to the work done *When in Bad Faith: Value of the materials + Damages -

448
The owner of the land on which anything has been built, sown or planted in good faith, shall have the right to appropriate as his own the works, sowing or planting, after payment of

Land Owner And Builder, Planter or Sower

Applicable only when both parties are in good faith

To appropriate what has been built, planted or sown after payment of required indemnity To compel the builder or planter to pay the price of

the indemnity provided for in Articles 546 and 548, or to oblige the one who built or planted to pay the price of the land, and the one who sowed, the proper rent. However, the builder or planter cannot be obliged to buy the land if its value is considerably more than that of the building or trees. In such case, he shall pay reasonable rent, if the owner of the land does not choose to appropriate the building or trees after proper indemnity. The parties shall agree upon the terms of the lease and in case of disagreement, the court shall fix the terms thereof.

the land, unless the price of the land is considerably more than the value of the building or trees planted -

indemnity to builder, planter or sower, the latter has the right to retain the land until he is reimbursed right of Sower, LO can compel him retention, under Art. 546 to pay proper rent by analogy If LO does not choose any of the rights above mention, the LO shall lease the land, if they cannot agree to the terms the court shall fix the term Note: Lo has the Priority of rights

449 - 452
449 - He who builds, plants or sows in bad faith on the land of another, loses what is built, planted or sown without right to indemnity.

Land Owner And Builder, planter or sower in bad faith

The builder, planter or sower in BF, loses what is built, planter or sown w/o indemnity

To appropriate what has been built, planted or sown w/o obligation to pay indemnity *To demand builder, etc. to demolish or remove what has been built planted or sown at the latters expense(Art. 450) To compel the builder or builder to pay the price of the land, or for the sower to pay reasonable rent for the land (Art. 450)

450 - The owner of the

land on which anything has been built, planted or sown in bad faith may demand the demolition of the work, or that the planting or sowing be removed, in order to replace things in their former condition at the expense of the person

When the LO does not appropriate the improvements the builder or planter may remove the improvements provided the land will not suffer from any injury Exception for the lack of indemnity the builder, etc . in BF is entitled to reimbursement for necessary expenses for the preservation of the land (Art. 452)

who built, planted or sowed; or he may compel the builder or planter to pay the price of the land, and the sower the proper rent.

To seek damages from the builder, planter or sower arising from Articles 449 and 450 (Art 451)

451 - In the cases of the

two preceding articles, the landowner is entitled to damages from the builder, planter or sower.

452 - The builder, planter

or sower in bad faith is entitled to reimbursement for the necessary expenses of preservation of the land.

453
If there was bad faith, not only on the part of the person who built, planted or sowed on the land of another, but also on the part of the owner of such land, the rights of one and the other shall be the same as though both had acted in good faith.

Land Owner And Builder, planter or sower both parties are in badfaith

If both parties are in bad faith, the bad faith of one neutralizes the bad faith of the other( 3 Manresa 223). They are both considered in good faith.

Go to Art 448

Go to Art 448

454
When the landowner acted in bad faith and the builder, planter or sower proceeded in good faith, the provisions of article 447 shall apply.

Land Owner in Bad Faith And Builder, Planter or sower in Good Faith

The rights of the parties will be governed by Art. 447.

Go to Article 447 *

Go to Article 447 *

455
If the materials, plants or seeds belong to a third person who has not acted in bad faith, the owner of the land shall answer subsidiarily for their value and only in the event that the one who made use of them has no property with which to pay.

Tripartite Affair Land Owner Builder , Planter or Sower Materials Owner

The first 2 parties whether in GF or BF, the rights of the parties are governed by Art. 449 to 454

Rights of the LO if in GF Appropriate what has been built, planted or sown, w/o paying indemnity (Art. 445), but if necessary expenses for preservation of the property had been incurred by the builder, etc. the LO shall make reimbursement (Art. 452) Go to Art. 450 * Liability of LO If the MO was paid by the B,P,S and LO choose to appropriate the things build, planted or sown, the B,P,S may demand from LO the indemnity for the value of the materials used as well as the cost of labor

Rights of the MO If he is in GF, he must be reimbursed for the value of his materials by the builder, etc. If the latter who is principally liable could not pay bec. Of insolvency, the land owner shall be liable subsidiarily provided he did not choose to appropriate the thing or he did not take advantage of Art. 450. If MO is in BF, he forfeits all rights to be indemnified( Art. 449). He may even be liable for damage caused.