Art.

447
• Parties under Art. 447:
• Landowner
• Owner of the materials

• Case covered by Art. 447:

• Landowner builds something to his own land using the materials owned by
another.
• The rights of the parties will depend if they are in good faith or in bad
faith.

• Scenarios:
I. LO is in GF; OM is in GF
II. LO is in BF; OM is in GF
III. LO is in GF; OM is in BF
IV. LO is in BF; OM is in BF
I. LO is in Good faith and the OM is in GF.
The LO must pay the OM. For the value of the materials used.

The OM has the limited right of removal. (he may remove what is
built if it will not cause damage to the thing built)
• In case OM removes the construction or plantings, LO will no longer pay the
OM.
II. LO is in BF and OM is in GF
- LO is in bad faith if he knows that he does not own the
materials, and he still makes use of it.

- OM has the absolute right of removal. (he may remove, even if

it will cause damage)
- OM may demand the value of the materials.
- OM is entitled to damages in either case.
III. LO is in GF and OM is in BF
- OM is in bad faith if he is aware that LO is using his material and
yet he does not inform the LO of his ownership over the materials.

- OM loses his right to the materials

- LO is entitled to consequential damages if the materials are of
an inferior quality.
IV. LO is in BF and OM is in BF
- both are to be considered in GF.
Art. 448 - 454
• Parties under Arts. 448 - 454:
• Landowner
• Builder, planter, sower

• Cases covered:
• A Builder builds on the land of another.
• The rights of the parties will depend if they are in good faith or in bad
faith.

• Scenarios:
I. LO is in GF; B is in GF
II. LO is in BF; B is in GF
III. LO is in GF; B is in BF
IV. LO is in BF; B is in BF
I. LO in GF and B in GF
- the right is given to the LO. (he is the owner of the principal
property)

- The LO may appropriate the works. In this case he must pay the
B the amount of the necessary expenses, useful expenses, and
luxurious expenses.
• Necessary expenses = for preservation of the property
• Useful = adds value to the property
• Luxurious = for pleasure. Required only if the LO will not remove the ornaments. (he may
remove if if will not cause any damage)
I. LO in GF and B in GF
- LO may require B to buy the land OR pay rents
- Note: The LO cannot oblige B to buy the land if the value of the
land is considerably more that the value of the building. In this case, B
may be required to pay rents. (in case of disagreement, the courts may
fix)
- If LO opts to appropriate, B has the right of retention over the
property until LO pays the value. If LO has not decided yet, same rule
applies.
I. LO in GF and B in GF
- If LO decided to sell the land to B and B fails to pay:
• LO may remove the building.
• LO may file for a case for collection of sum of money.

- NOTE: the choice is generally irrevocable.

II. LO in GF and B in BF
• B loses what is built.
• LO may appropriate without payment.
• LO may demolish, at the expense of B.
• LO may compel B to buy the land, and the sower the proper rent.
(no qualification as to the price of the land and the building)
• LO is entitled to damages in any case.
• B is entitled to reimbursement for the necessary expenses of
preservation of the land.
III. LO in BF and B in GF
- treat the B as OM and apply number II under Art. 447.

IV. LO in BF and B in BF
- both are considered in GF.
Art. 455
• Similar to Arts. 448-454 but the owner of the materials is a different
person.

• Parties under Art. 455:

• Landowner
• Builder
• Owner of the Materials
• The rights of LO and B are determined under Arts. 448-454.

• The rights of OM depends on the rights of LO and B, and whether he

is in GF or in BF.
I. OM in BF
• He loses all rights to the materials
• He is liable to consequential damages if materials are of an inferior
quality. (to the party who will acquire the building)
II. OM in GF
• OM is entitled to reimbursement from B. If B is insolvent, LO is
subsidiarily liable. (only if LO appropriates)

• If LO opts to destroy the building, or sell the land to B (in case LO is

in GF and B is in BF) LO cannot be held subsidiarily liable.

• If B pays OM, B may demand from LO the value of the materials

and labor. BUT only if LO appropriates. (and B is in GF)