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    BPS Report

    Uploaded by

    colleen
    This document outlines the rights and obligations of owners when materials are used to build, plant, or sow on another's land. It discusses situations where parties act in good or bad faith. If the landowner acts in good faith, the owner of materials is entitled to reimbursement of value and removal. But if the landowner acts in bad faith, the owner can demand reimbursement, damages, and absolute right of removal. The landowner may appropriate what was built, planted or sown by paying proper indemnity if all acted in good faith.

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

    BPS Report

    Uploaded by

    colleen
    8 views9 pages
    This document outlines the rights and obligations of owners when materials are used to build, plant, or sow on another's land. It discusses situations where parties act in good or bad faith. If the landowner acts in good faith, the owner of materials is entitled to reimbursement of value and removal. But if the landowner acts in bad faith, the owner can demand reimbursement, damages, and absolute right of removal. The landowner may appropriate what was built, planted or sown by paying proper indemnity if all acted in good faith.

    Original Description:

    easy understanding of BPS under Ownership in Property Law PPT

    Original Title

    BPS-REPORT

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    © © All Rights Reserved

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    This document outlines the rights and obligations of owners when materials are used to build, plant, or sow on another's land. It discusses situations where parties act in good or bad faith. If the landowner acts in good faith, the owner of materials is entitled to reimbursement of value and removal. But if the landowner acts in bad faith, the owner can demand reimbursement, damages, and absolute right of removal. The landowner may appropriate what was built, planted or sown by paying proper indemnity if all acted in good faith.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    8 views9 pages

    BPS Report

    Uploaded by

    colleen
    This document outlines the rights and obligations of owners when materials are used to build, plant, or sow on another's land. It discusses situations where parties act in good or bad faith. If the landowner acts in good faith, the owner of materials is entitled to reimbursement of value and removal. But if the landowner acts in bad faith, the owner can demand reimbursement, damages, and absolute right of removal. The landowner may appropriate what was built, planted or sown by paying proper indemnity if all acted in good faith.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 9

    ART.

    447
    Rights and Obligations of the Owner of the Land Who Uses the Materials of Another
    Owner of the land Materials of others
    If the landowner acted:
    uses (GOOD FAITH) – pay their value
    (BAD FAITH) – pay the value + damages

    Rights and Obligations of the Owner of the Materials


    The owner of the materials is entitled to:
    If the landowner
    acted in GOOD 1. Reimbursement
    FAITH 2. Removal

    If the landowner
    acted in BAD 1. ABSOLUTE right of removal
    FAITH 2. Reimbursement and damages
    ART. 448
    The landowner and
    the BPS are both in
    GOOD FAITH

    The owner of the land on which anything has been built, sown or
    planted in good faith

    entitled to:

    or to compel the builder to buy the land upon which


    to appropriate for himself whatever is built,
    planted or sown upon payment of the proper OR the building, planting or sowing was done, unless the
    value of the land be considerably more than the value of
    indemnity;
    the building planting and sowing

    REASONS WHY (a) his right is older;


    OPTION IS GIVEN TO
    THE LANDOWNER (b) and because, by the principle of accession, he is entitled to the
    ownership of the accessory thing.
    ART. 449

    Building, Planting or
    Sowing in BAD FAITH

    Still entitled to
    Loss of Object without
    Indemnity BUT reimbursement for the
    NECESSARY EXPENSES
    ART. 450

    Rights of Landowner if
    Builder, Planter, or
    Sower is in Bad Faith

    Demand the demolition Compel the builder or


    of work, or that the planter to pay the price
    planting or sowing be of the land, and the
    removed. sower the proper rent
    ART. 451
    In the cases of the two preceding articles, the landowner is
    entitled to damages from the builder, planter or sower.

    Compel the buider to


    buy the land, whether
    Get the house without Demand the demolition
    or not the value of the
    paying any indemnity of the house, at the
    land is considerably
    for its value or expenses builder’s expense, PLUS
    more than the value of
    PLUS DAMAGES DAMAGES the house, PLUS
    DAMAGES
    ART. 452
    Builder, Planter or
    Sower in BAD FAITH is
    entitled to:

    Necessary and useful


    Necessary and useful
    expenses for the preservation
    expenses for the BUILDING
    of the land

    Note: Land Taxes are considered in the category of “necessary expenses” and must be reimbursed.
    ART. 453
    Landowner in BAD FAITH BPS in BAD FAITH

    building, planting, or sowing


    “whenever the act was done
    made knowingly by one on
    with his knowledge and
    land not belonging to him and
    without opposition on his
    without authority is done in
    part.”
    bad faith

    Consider both to be in GOOD FAITH


    ART. 454

    Builder,
    Landowner
    Planter or ARTICLE 447
    has acted in
    Sower is in SHALL APPLY
    BAD FAITH
    GOOD FAITH

    (a) LANDOWNER must pay for the value of the house plus Therefore, it is as if
    damages because of his bad faith; LANDOWNER built on his
    land a house in bad faith
    (b) If however the OWNER OF THE MATERIALS prefers to with the materials of
    remove or destroy the house, LANDOWNER would still be ANOTHER.
    liable for damages.
    ART. 455
    SITUATION

    WHEN BPS BUILDS, PLANTS OR


    SOWS ON SOMEONE ELSE’S
    Rights of Owner of the Materials
    LAND USING MATERIALS
    BELONGING TO THIRD PERSON
    (BAD FAITH)
    - Loses all rights to be indemnified
    - can be liable for consequential damages

    PARTIES INVOLVED: (GOOD FAITH)


    • LANDOWNER - entitled to reimbursement from the builder (or
    • BUILDER planter or sower) PRINCIPALLY, the Landowner
    • OWNER OF THE MATERIALS being SUBSIDIARILY LIABLE ONLY

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