‘Ateneo Law School Property Accession Charts ‘Atty. Francis Joseph H. Ampil 1, Rules wher landowner (LO) — builder/plantersower (BPS) wakes constructions of plantings with materials of another (OM) Landowner ~ Buildes/PlanterSower (LO-BPS) ‘Owner of Materials (OM) ‘A. Good Faith ‘Good Faith LO-BPS can acquire the materials provided there | OM is enfitled to Tull payment for value OF full payment. materials or OM may remove materials provided there is no substantial injury to ‘work done. 7 Good Fai zm ‘OM ented fll payment for vale of materi plis damages ot OM may remove Intel even Hf ter wl be ssn injry to work done plis damnges. ©. Good Faith Bad Faith materials without paying duc to defects or inferior quality of materials. the value thereof and will be entitles to damages | will be lable for damages due to defects oF Tor [ OM loses materials without indewinity sod | inferior quality of materials | 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). D. Bad Fai ~ Bad Faith 1 Same as A. Same as A Tl. Rules when buildst/planter’sower (BPS) build, plants or sows on the land of another (Loy: Landowner (LO) Builder/Planter/Sower (BPS) ‘A. Good Faith Good Faith at ‘Option Tz To purchase whatever has been | To receive indemnity for necessary, useful and luxurious expenses (if the LO’ wants to appropriate the luxurious improvements) with sight of retention over the land without ‘obligation to pay rent until full payment of indernnity. To remove useful improvements provided it does not cause any injury (this is part of right ‘of retention) If LO does not appropriate uxurious improvements, BPS can remove the same provided there is no injury t@ the principal (the land or building) ‘Opiion 2: To oblige the BP to buy the land oF the § to pay the proper rent unless the value of the land is considerably more than that of the building or trees ‘ompelled to buy the land. In such case, BPS To purchase and at Tair market value when value is not considerably more than that of the building or tees IBPS cannot pay purchase price of the land, LO can require BPS to remove whatever has bbeen built, planted or sown. If the value of land is considerably more than that of the building or trees, BPS cannot be