Professional Documents
Culture Documents
Accession Charts PDF
Accession Charts PDF
B. Good Faith
LO-BPS can acquire materials without paying
for the value thereof and will be entitled to
damages due to defects or inferior quality of
materials.
Bad Faith
OM loses materials without indemnity and will
be liable for damages due to defects or inferior
quality of materials.
C. Bad Faith
LO-BPS can acquire the materials provided
there is full payment plus damages.
Good Faith
OM is entitled to full payment for value of
materials plus damages or OM may remove
materials even if there will be substantial
injury to work done plus damages.
D. Bad Faith
Same as A.
Bad Faith
Same as A.
II. Rules when the builder/planter/sower (BPS) builds, plants, or sows on the land of another
(LO):
Landowner (LO)
A. Good Faith
Option 1: To purchase whatever has been built,
planted or sown after paying indemnity which
includes necessary expenses, useful expenses
and luxurious expenses (if the LO wants to
appropriate the luxurious improvements).
Builder/Planter/Sower (BPS)
Good Faith
To receive indemnity for necessary, useful and
luxurious expenses (if LO wants to appropriate
the luxurious improvements) with right of
retention over the land without obligation to
pay rent until full payment of indemnity.
To remove useful improvements provided it
does not cause any injury (this is part of right
of retention).
B. Good Faith
Option 1: To acquire whatever has been built,
planted or sown without paying indemnity
except necessary expenses for preservation of
land and luxurious expenses (should LO want
to acquire luxurious improvements) plus
damages.
C. Bad Faith
To acquire whatever has been built, planted or
sown by paying indemnity plus damages.
Good Faith
If LO acquires whatever has been built, planted
or sown, BPS must be indemnified the value
thereof plus damages.
(If LO does not acquire whatever has been
built, planted or sown, BPS cannot insist on
purchasing land).
D. Bad Faith
Same as A.
III. Rules when landowner (LO), builder/planter/sower (BPS) and owner of the materials (OM)
are 3 different persons:
Landowner (LO)
Builder/Planter/Sower (BPS)
Owner of the Materials (OM)
A. Good Faith
Good Faith
Good Faith
Option 1: To acquire whatever To receive indemnity from LO To receive indemnity from
has been built, planted, or
with right of retention over
BPS who is primarily liable
sown provided there is
land until full payment.
for materials; if BPS is
payment of indemnity (which
insolvent, to proceed against
includes value of what has
LO who is subsidiarily liable
been built, planted or sown
with no right of retention.
plus value of materials used).
Option 2: To oblige BP to buy
land or S to pay proper rent
unless value of land is
considerably more than that of
building or trees.
B. Good Faith
Same as A.
Good Faith
Same as A.
Bad Faith
Whatever is the choice of LO,
the OM:
1. loses the materials in favor
of BPS and
2. will have no right to receive
indemnity from BPS nor LO.
C. Good Faith
Option 1: To acquire whatever
has been built, planted or
sown without paying
indemnity except for
preservation of land and
luxurious expenses (should
LO want to acquire luxurious
improvements) plus damages.
Bad Faith
BPS loses what has been built,
planted or sown plus liable for
damages but is entitled to be
indemnified for necessary
expenses for preservation of
land and luxurious expenses
(should LO want to acquire
luxurious improvements) and
has no right of removal even if
removal will not cause
damage.
Bad Faith
(Since both BPS and OM are
in bad faith, treat them both as
if they are in good faith).
If LO chooses Option 1, OM
has no right to remove
materials even if there will be
no injury or damage. If LO
chooses Option 2, OM has
right of removal provided
there will be no injury or
damage.
D. Bad Faith
To acquire what has been
built, planted, or sown by
paying indemnity plus liable
to pay damages.
Good Faith
Good Faith
To receive indemnity from LO To receive indemnity for value
plus damages.
of materials principally from
BPS and in case BPS is
insolvent, subsidiarily from
LO.
E. Bad Faith
Same as D.
Good Faith
Same as D.
Bad Faith
No right to receive indemnity
for value of materials from
BPS nor LO (who ends up
owning building or trees).