LANDOWNDER BUILDER, PLANTER, SOWER
GOOD FAITH
Rights:
Art. 448 – options
1) Appropriate as his own the
works, sowing or planting after
payment of indemnity to BPS
2) Oblige the one who
built/planted to pay the price of
the land (exception: when the
value of the land is considerably
more than that of the building or
tress – reasonable rent); the one
who sowed, proper rent
Obligation:
Art. 455
 Answer subsidiarily to the
owner of materials
GOOD FAITH
Rights:
Art. 448 – options
3) Appropriate as his own the
works, sowing or planting after
payment of indemnity to BPS
4) Oblige the one who
built/planted to pay the price of
the land (exception: when the
value of the land is considerably
more than that of the building or
tress – reasonable rent); the one
who sowed, proper rent
Obligation
 No obligation to pay the OM for
the cost of the materials
GOOD FAITH
Rights:
Options
Art. 449
 Acquire improvements without
paying indemnity
Art. 450
1) Demand demolition of the work,
or that the planting or sowing be
removed at the expense of BPS;
or
2) Compel the BP to pay the price
of the land, and S the proper rent
Art. 451
 In cases of the 2 preceding
articles, collect damages
Obligation:
Art. 452
 Reimburse BPS for the necessary
expenses of preservation of the
land
OWNER OF MATERIALS
GOOD FAITH GOOD FAITH
Rights: Rights:
Art. 546 Art. 447
 Right to be refunded with  To remove the materials only in
necessary expenses case he can do so without injury
 Right to retain the thing until he to the work constructed or
has been reimbursed the without the plantings,
necessary expenses constructions or works being
Art. 548 destroyed
 Expenses for pure luxury – Art. 455
Remove ornaments if the  Collect value of materials
principal thing suffers no injury primarily from BPS and
if the LO does not prefer to subsidiarily from LO
refund the amount
Obligation:
Art. 455
 Primarily liable to the owner of
the materials for the their cost
GOOD FAITH BAD FAITH
Rights: Art: 449
Art. 546  Loses the materials without
 Right to be refunded with right to indemnity
necessary expenses
 Right to retain the thing until he
has been reimbursed therefor
Art. 548
 Expenses for pure luxury –
Remove ornaments if the
principal thing suffers no injury
if the LO does not prefer to
refund the amount
Obligation
 Right to keep the materials
without obligation to pay the OM
for the cost of the materials
BAD FAITH BAD FAITH
Art. 449 Rights:
 Loses what is built, planted or Art. 455
sown without right to indemnity  Recover value from BPS (as if
UNLESS both acted in good faith)
Art. 450 – LO sells the land to BP  No action against LO
or rent to sower Art. 447
Art. 452  If BPS acquires improvements,
 Entitled to reimbursement for remove materials if can be done
the necessary expenses of without causing injury
preservation of the land
BAD FAITH
KARISALEONIDAS/SANBEDACOLLEGEOFLAW 1
 Art. 453
Rights of one and the other shall be the same as though both had acted in good faith
BAD FAITH GOOD FAITH GOOD FAITH
Obligations: Rights: Rights:
Art. 454 (apply Art. 447) Art. 447 Art. 447
 Acquire improvements after  Remove improvements in any  Remove materials without injury
paying indemnity and damages event with a right to be Art. 455
to BPS indemnified for damages  Collect value of materials
Art. 455 primarily from BPS and
 Answer subsidiarily to the subsidiarily from LO
owner of materials
BAD FAITH BAD FAITH GOOD FAITH
Rights: Rights: Rights:
Art. 448 – options Art. 546 Art. 455
5) Appropriate as his own the  Right to be refunded with  Collect value of materials
works, sowing or planting after necessary expenses primarily from BPS and
payment of indemnity to BPS  Right to retain the thing until he subsidiarily from LO
6) Oblige the one who has been reimbursed therefor Art. 447
built/planted to pay the price of Art. 548  If BPS acquires improvements,
the land (exception: when the  Expenses for pure luxury – collect damages and remove
value of the land is considerably Remove ornaments if the materials in any event
more than that of the building or principal thing suffers no injury
tress – rent); the one who if the LO does not prefer to
sowed, proper rent refund the amount
Obligation: Obligation:
Art. 455 Art. 455
 Answer subsidiarily to the  Primarily liable to the owner of
owner of materials the materials for the their cost
 Pay damages to OM
GOOD FAITH BAD FAITH GOOD FAITH
Rights: Art. 449 Rights:
Options  Loses what is built, planted or Art. 455
Art. 449 sown without right to indemnity  Collect value of materials and
 Acquire improvements without UNLESS damages primarily from BPS and
paying indemnity Art. 450 – LO sells the land to BP subsidiarily from LO
Art. 450 or rent to sower Art. 447
3) Demand demolition of the work, Right:  If BPS acquires improvements,
or that the planting or sowing be Art. 452 collect damages and remove
removed at the expense of BPS;  Entitled to reimbursement for materials in any event
or the necessary expenses of
4) Compel the BP to pay the price preservation of the land
of the land, and S the proper rent
Art. 451
 In cases of the 2 preceding
articles, collect damages
Obligation:
Art. 452
 Reimburse BPS for the necessary
expenses of preservation of the
land
BAD FAITH GOOD FAITH BAD FAITH
Obligations: Art. 447 (and Art. 454) Art. 449
Art. 454 (apply Art. 447)  Indemnity for damages  Lose materials without right to
 Acquire improvements after  Remove improvement in any indemnity
paying indemnity and damages event
to BPS

2 KARISALEONIDAS/SANBEDACOLLEGEOFLAW