PROPERTY ACCESSION CHART 1: RULES WHEN LANDOWNER (LO)-BUILDER/PLANTER/SOWER (BPS)
MAKES CONSTRUCTIONS OR PLANTINGS OF ANOTHER (OM)
LO-BPS
GOOD FAITH
LO-BPS can acquire the materials provided there
is full payment. (447)
BAD FAITH
LO-BPS can acquire the materials provided there
is full payment plus damages (447).
GOOD FAITH
LO-BPS can acquire the materials without paying
for the value thereof and will be entitled to
damages due to defective or inferior quality of
materials .
BAD FAITH
Same as when the parties are in good faith.
PROPERTY ACCESSION CHART 2: RULES WHEN BPS BUILDS, PLANTS, SOWS ON THE LAND OF ANOTHER
(LM)
LO
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)
Option 2: To oblige the BP to buy the land OR the
S to pay the proper rent unless the value of the
land is considerably more than that of the
building or trees
OM
GOOD FAITH
OM is entitled to full payment for value of
materials OR OM may remove materials provided
there is no substantial injury to the work done
(447).
GOOD FAITH
OM is entitled to full payment for value of
materials plus damages OR OM may remove the
materials even if there will be substantial injury
to the work done plus damages (447).
BAD FAITH
OM loses the materials without indemnity and
will be liable for damages due to defects or
inferior quality of materials.
BAD FAITH
Same as when the parties are in good faith.
BPS
GOOD FAITH
To receive indemnity for the necessary, useful
and luxurious expenses (if LO wants to
appropriate the
Luxurious improvements) AND the right of
retention over the land without any obligation to
pay rent until full payment of indemnity
To remove useful improvements provided it
doesn't cause any injury (part of the right of
retention)
If LO doesn't appropriate luxurious
improvements, BPS can remove the same
provided there is no injury to the principal thing
To purchase land at FMV provided its value is not
considerably more than that of building or trees
If BPS cannot pay purchase price of the land or
 the S cannot pay the rent, LO can require BPS to
remove whatever has been built, planted or
sown.
If the value of land is considerably more than that
of the building or trees, the BPS cannot be
compelled to buy the land. In such case, BPS will
pay reasonable rent if LO doesn't choose option
1.

If BPS cannot pay the rent, LO can eject BPS from

GOOD FAITH
Option 1: To acquire whatever has been built,
planted or sown without paying indemnity
EXCEPT necessary expenses for the preservation
of the land and luxurious expenses (should the LO
want to appropriate the luxurious improvements)
plus damages.
the land.
BAD FAITH
Loses whatever has been built, planted or sown
without indemnity and liable to pay for damages.
Entitled to reimbursement for necessary
expenses for preservation of the land but no right
of retention.

Not Entitled to reimbursement for useful

expenses and cannot remove useful
improvements even if removal will not cause
injury.

Not entitled to reimbursement for luxurious

expenses EXCEPT when LO wants to acquire
luxurious improvements (value of which will be
the one at the time LO obtains possession)

If the LO does not want to acquire the luxurious

improvements, the BPS may remove the same
provided it will not cause injury
Option 2: To oblige BP to buy land or S to pay Obliged to pay for land or proper rent and pay for
proper rent plus damages regardless whether the damages regardless whether the value of the
value of the land is considerably more than that land is considerably more than that of the
of the buildings or trees buildings or trees
Option 3: To compel BPS to remove or demolish Obliged to remove or demolish work done at his
work done at the expense of the BPS PLUS expense and pay for damages.
damages
BAD FAITH GOOD FAITH
To pay for whatever has been built, planted or Option 1: If LO acquires whatever has been built,
sown plus damages. planted or sown, BPS is entitled to receive
payment for the value thereof plus damages.

(If LO doesn't acquire whatever has been built,

planted or sown, BPS cannot insist on purchasing
land.)
 Option 2: BPS can remove whatever has been
built, planted, or sown regardless of whether or
not it will cause injury and will be entitled to
damages.
BAD FAITH BAD FAITH
Same as when the parties are in good faith. Same as when the parties are in good faith.
PROPERTY ACCESSION CHART 3: RULES WHEN LO, BPS, AND OM ARE 3 DIFFERENT PERSONS

LO
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)
BPS
GOOD FAITH
To receive indemnity for the
necessary, useful and luxurious
expenses (if LO wants to
appropriate the Luxurious
improvements) AND the right of
retention over the land without
any obligation to pay rent until
full payment of indemnity
OM
GOOD FAITH
To receive indemnity from BPS
who is primarily liable for
materials.
If BPS is insolvent, to proceed
against LO who is subsidiary
liable

To remove useful
improvements provided it
doesn't cause any injury (part of
the right of retention)

Option 2: To oblige the BP to
buy the land OR the S to pay the
proper rent unless the value of
the land is considerably more
than that of the building or
trees
If LO doesn't appropriate
luxurious improvements, BPS
can remove the same provided
there is no injury to the
principal thing
To purchase land at FMV Option 1: To receive indemnity
provided its value is not from BPS only with right of
considerably more than that of retention until full payment. LO
building or trees is not subsidiary liable
If BPS cannot pay purchase Option 2: To remove materials if
price of the land or the S cannot there will be no injury on
pay the rent, LO can require BPS building or trees and will have a
to remove whatever has been material rent lien against BPS
built, planted or sown. for the payment of value of the
If the value of land is materials
considerably more than that of
the building or trees, the BPS
cannot be compelled to buy the
land. In such case, BPS will pay
reasonable rent if LO doesn't
choose option 1.

GOOD FAITH
Same as above
GOOD FAITH
Option 1: To acquire whatever
has been built, planted or sown
without paying indemnity
EXCEPT necessary expenses for
the preservation of the land and
luxurious expenses (should the
LO want to appropriate the
luxurious improvements) plus
damages.
Option 2: To oblige BP to buy
land or S to pay proper rent plus
damages
Option 3: To oblige BPS to
demolish or remove whatever
has been built, planted or
sowed PLUS damages
GOOD FAITH
Same above
If BPS cannot pay the rent, LO
can eject BPS from the land.
GOOD FAITH
Same as above
BAD FAITH
BPS loses what has been built,
planted or sown plus liable for
damages but is entitled to be
indemnified for necessary and
luxurious expenses (should the
LO want to appropriate
luxurious improvements)
BPS has no right of removal
even if removal will not cause
any damage.
To buy the land or pay proper
rent and liable to pay damages
to LO.
To demolish or remove
whatever has been built,
planted or sowed and liable for
damages
BAD FAITH
Same above
BAD FAITH
Whatever is the choice of the
LO, the OM:
1. Loses the materials in favor
of BPS and;
2. Will have no right to receive
indemnity from LO or BPS.
3. Plus, he may be liable for
damages due to defects or
inferior quality of materials.
GOOD FAITH
To receive payment for the
value of materials principally
from BPS; and if BPS is insolvent
subsidiarily from LO
To receive payment for
materials from BPS only
To receive payment for
materials from BPS only
BAD FAITH
Since both BPS and OM are in
bad faith, treat them both as if
they are in good faith.
Whatever is the choice of the
LO, OM has right of receive
indemnity for value of materials
from the BPS only. LO is not
subsidiary liable because OM is
in good faith only insofar as BPS
is concerned.
If LO chooses Option 1, OM has
no right of removal even if
 there will be no injury or
damage.

If LO chooses Option 2, OM has

right to remove provided there
will be no injury or damage.

(If LO chooses Option 3, to

receive payment for materials
from BPS only)

Liable to pay for damages due

BAD FAITH
To acquire whatever has been
built, planted or sown by paying
indemnity plus liable to pay
damages.
to defects or inferior quality of
the materials.
GOOD FAITH GOOD FAITH
Option 1: If LO acquires To receive indemnity from BPS
whatever has been built, who is primarily liable for
planted or sown, BPS must be materials.
indemnified the value thereof
plus damages If BPS is insolvent, to proceed
against LO who is subsidiary
Option 2: BPS can remove liable
whatever has been built,
planted, or sown regardless of
whether or not it will cause
injury and will be entitled to
damages.

BPS has no option to acquire or

buy the land
BAD FAITH GOOD FAITH BAD FAITH
Same above Same above No right to recover indemnity
for value of the materials from
BPS nor LO (who ends up
owning the buildings or trees)