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    Landowner (LO) Builder/Planter/Sower (BPS) Owner of The Materials (OM)

    Uploaded by

    Rhett Emmanuel C. Serfino
    This document outlines different rules regarding ownership of land, buildings/plantings/sowings, and materials when these are owned by different parties. It discusses 5 scenarios (A through E) based on whether the landowner, builder/planter/sower, and materials owner acted in good or bad faith. The options and liabilities of each party are described depending on the combination of good or bad faith.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Landowner (LO) Builder/Planter/Sower (BPS) Owner of The Materials (OM)

    Uploaded by

    Rhett Emmanuel C. Serfino
    147 views3 pages
    This document outlines different rules regarding ownership of land, buildings/plantings/sowings, and materials when these are owned by different parties. It discusses 5 scenarios (A through E) based on whether the landowner, builder/planter/sower, and materials owner acted in good or bad faith. The options and liabilities of each party are described depending on the combination of good or bad faith.

    Original Description:

    Handouts in Property

    Original Title

    Property Handout03

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    This document outlines different rules regarding ownership of land, buildings/plantings/sowings, and materials when these are owned by different parties. It discusses 5 scenarios (A through E) based on whether the landowner, builder/planter/sower, and materials owner acted in good or bad faith. The options and liabilities of each party are described depending on the combination of good or bad faith.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    147 views3 pages

    Landowner (LO) Builder/Planter/Sower (BPS) Owner of The Materials (OM)

    Uploaded by

    Rhett Emmanuel C. Serfino
    This document outlines different rules regarding ownership of land, buildings/plantings/sowings, and materials when these are owned by different parties. It discusses 5 scenarios (A through E) based on whether the landowner, builder/planter/sower, and materials owner acted in good or bad faith. The options and liabilities of each party are described depending on the combination of good or bad faith.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    You are on page 1of 3

    Rules When the Owner of the Land, the Builder/Planter/Sower, and the Owner of the

    Materials are Different Persons [Articles 447, 455,456, Civil Code]

    Landowner (LO) Builder/Planter/Sower Owner of the Materials


    (BPS) (OM)
    A. Good Faith Good Faith Good Faith

    Option #1

    to appropriate as his own To receive the indemnity To receive indemnity from


    the works, sowing or provided for in articles 546 the BPS who is primarily
    planting, after payment of and 548 and he has a right liable. If BPS has no
    the indemnity provided for to retain the land until the property with which to pay,
    in articles 546 and 548 (the Landowner pays he can demand indemnity
    indemnity includes the from LO who is subsidiarily
    value of what has been liable [Art. 455], but he has
    built, planted, or sowed and no right of retention against
    the value of the materials) BPS, and against LO
    [Arts. 447 and 448]

    Option # 2

    to oblige the one who built To buy the land or, in case To receive indemnity only
    or planted to pay the price of sowing, the proper rent from the BPS (LO no
    of the land (except when its longer subsidiarily liable
    value is considerably more having sold the property)
    than that of the building or
    trees), and the one who ~ or ~
    sowed, the proper rent
    to remove the materials if
    he can do so without injury
    to the work constructed, or
    without the plantings,
    constructions or works
    being destroyed
    B. Good Faith Good Faith Bad Faith

    Same as A Same as A Whatever option the LO


    exercises, OM:
    1. Loses the materials in
    favor of BPS, and
    2. He has no right to
    indemnity from the BPS nor
    the LO
    Landowner (LO) Builder/Planter/Sower Owner of the Materials
    (BPS) (OM)
    C. Good Faith Bad Faith Bad Faith

    Option #1

    To acquire whatever has Loses what has been built, (Since both the BPS and
    been built, planted, or sown planted or sown but he is OM are in bad faith, they
    without paying indemnity entitled to indemnity for are treated as being both in
    (except for necessary necessary expenses; and good faith)
    expenses) [Art. 449]. He expenses for pure luxury
    must also pay for the value should the LO appropriate Whatever is the choice of
    of expenses for pure luxury these items the LO, he has a right to
    if he wants to appropriate receive indemnity for the
    these. Has no right of removal value of the materials from
    even if no injury will be the BPS (LO has no liability
    caused whatsoever)

    He has no right of removal


    even if no injury will be
    caused
    Option # 2

    To oblige the BP to pay the To pay the price of the land He has a right to receive
    price of the land and the S (even if the value of the indemnity for the value of
    to pay proper rent [Art. 450] land is considerably higher) the materials from the BPS
    (LO has no liability)
    He is entitled to damages
    [Art. 451] He has a right of removal
    provided no injury is caused
    Option # 3

    Demand the demolition of Has to demolish or remove Liable for damages to


    the work, or that the whoever ends up owning
    planting or sowing be the materials for their
    removed, in order to replace inferior quality
    things in their former
    condition at the expense of
    the person who built,
    planted or sowed [Art. 450]

    He is entitled to damages
    Landowner (LO) Builder/Planter/Sower Owner of the Materials
    (BPS) (OM)
    D. Bad Faith Good Faith Good Faith

    To acquire what has been To receive indemnity from To receive indemnity for
    built, planted or sown by the LO and damages the value of the materials
    paying the indemnity and primarily from BPS; if the
    damages to BPS [Art. 454 Cannot insist that he BPS is insolvent, LO would
    in relation to Art. 457] purchase the land be subsidiarily liable

    Can remove the materials


    even if injury is caused
    thereby
    E. Bad Faith Good Faith Bad Faith

    Same as D Same as D No right to receive


    indemnity for value of
    materials from BPS nor
    from LO who ends up
    owning the building or trees

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