SCENARIO 1. The Landowner is the Builder, Planter and Sower using material of another.

Landowner is the Builder, Planter and Sower (LO + BPS)

Good Faith
Since both acted in good faith the principal (landowner + builder) has the
first right to choose a remedy:
1. Appropriate/ acquire improvements but reimburse the cost of
materials to the OM. (Art. 447)
(No person shall unjustly enrich himself at the expense of
another.)

Owner of the Material (OM)

Good Faith
Since both acted in good faith the OM may demand as long as no
damages will be incurred:
1. Right to be indemnified (paid) for the value of the materials; (Art.
447)
2. Limited right of removal if there would be no injury to work
constructed, or without plantings or constructions being destroyed.
(Art. 447)

Legal effect: Since he is responsible for the attachment or incorporation

and having acted in good faith, he is exonerated from punitive liability and
damages. (Art. 447)

Bad Faith (BOTH)

Since both acted in bad faith it follows the rule as though both acted in good faith (Art. 453)
(The bad faith of one party is neutralized by the bad faith of the other, therefore both should be considered as having acted in good faith.)

Bad Faith
Since LO acted in bad faith he is obliged to:
1. Indemnify (pay) OM for the value of the materials; (Art. 447)
2. Indemnify (pay) OM for damages; (Art. 447)

Good Faith
Since OM acted in good faith he has the first right to choose remedy:
1. Right to be indemnified (paid) for the value of the materials; (Art.
447)
2. Right to be indemnified for damages; (Art. 447)
3. Absolute right of remove/retrieve of the work constructed, in any
event. (Art. 447)

Legal effect: Having acted in bad faith LO shall also suffer the other
unfavorable consequences of his act. (whatever OM chooses)
Good Faith
Since LO acted in good faith the principal (land owner + builder) has the
first right to choose a remedy:
1. Appropriate/ acquire improvements without paying indemnity for the
cost of materials to the OM; (Art. 449)
2. Right to be indemnified for damages.

Bad Faith
Since OM acted in bad faith he has:
1. Loses his material without any right to indemnity; (Art. 449)
2. Liable to the land owner for damages.

SCENARIO 2. The Builder, Planter and Sower using his own material, plants, build or sows at the Land of Another.
Landowner (LO)
Good Faith
Since both acted in good faith, a conflict of rights arises (state of forced coownership). It is necessary to protect the owner of the improvements (OM)
without causing injustice to the owner of the land.
The owner of the land choses the first option because his right is older and by
the principle of accession he is entitled of the ownership of the accessory thing
(the accessory follows the principal): (HE MUST CHOOSE ONE, otherwise the
COURT WILL FIX IT)
1. Appropriate/ acquire improvements after paying indemnity;
2. Sell the land to BP (unless the value of the land is considerably
greater than the improvements forced lease) or collect rent from the
sower (Art 448)
*if BP/OM is insolvent remedy of remotion (removal of the improvement)
remedy of retention (as is where is)

Builder, Planter and Sower is the Owner of the Material (BPS + OM)
Good Faith
Since both acted in good faith the Builder, Planter, and Sower and the
Owner of the Material
1. Right to be indemnified (paid) for the value of the materials and
cost of labor; (Art. 448) *if LO insolvent Right to retention
(non-payment of rent pending reimbursement)

2. He cannot be compelled to buy the land but instead pay

reasonable rent.

Bad Faith (BOTH)

Since both acted in bad faith it follows the rule as though both acted in good faith (Art. 453)
(The bad faith of one party is neutralized by the bad faith of the other, therefore both should be considered as having acted in good faith.)
Since
1.
2.
3.

Bad Faith
LO acted in bad faith he is obliged to:
Indemnify (pay) OM for the value of the materials; (*Art.447 )
Indemnify (pay) OM for damages; (*Art. 447)
Landowner has no option to sell the land and cannot compel BPS/OM to
buy the land.

Good Faith
Since LO acted in good faith the principal (land owner) has the first right to
choose a remedy:
1. Appropriate/ acquire improvements (built, planted or sown) without
2

Good Faith
Since BPS/OM acted in good faith he has the first right to choose
remedy:
1. Right to be indemnified (paid) for the value of the materials and
cost of labor; (*Art. 447)
2. Absolute right of remove/retrieve of the work constructed, in
any event, even if it will damage the property (except sower);
(*Art. 447)
3. Right to buy the land for BP and non-payment rental for Sower
until harvest.
*All options has a RIGHT to be indemnified for damages;
(*Art. 447)
Bad Faith
Since BPS/OM acted in bad faith he has:
1. Loses improvements without any right to indemnity; (Art. 449)
2. Entitled to reimbursement of necessary expenses in

paying indemnity for the cost of materials and labor to BPS/OM; (Art.
449)
2. Order demolition of improvements or restoration of lands to its former
condition at the expense of the BPS/OM.(Art 450) (right of remotion)
3. Compel BP/OM to pay the price of the land (EVEN IF the value of the
land is considerably greater than the improvements forced lease)
or collect rent from the sower; (Art. 451)
*All options has a RIGHT to be indemnified for damages;

preservation of the land;

3. No right to remove or demolish the improvements;
4. Liable to the land owner for damages.

*Except when the owner of the materials is the sower

SCENARIO 3. The Builder, Planter and Sower plants, build or sows at the Land of Another using material of another.
Landowner
Good Faith
Since all acted in good faith, owner of the land choses
the first option because his right is older and by the
principle of accession he is entitled of the ownership of
the accessory thing (the accessory follows the principal)::
1. Right to appropriate/ acquire improvements and
pay indemnity to BPS; subsidiary liable to OM for
value of materials.
2. OPTION TO:
A. Sell land to BP except if the value of land is
considerably more;
B. Rent to sower
*no damages incurred
Good Faith
1. Right to appropriate/ acquire improvements and
pay indemnity to BPS;
2. OPTION TO:
A. Sell land to BP except if the value of land is
considerably more; then FORCED LEASE;
B. Rent to sower
*Without subsidiary liable to OM for value of
materials.
Good Faith
1. Right to appropriate/ acquire improvements
without indemnity;
2. Demolition or restoration;

Builder, Planter and Sower

Good Faith
1. Right of retention until necessary and
useful expenses are paid;
2. Pay value of the materials to OM
*no damages incurred

Owner of the Material

Good Faith
1. Collect value of material primarily
from BPS and if BPS is insolvent
landowner is subsidiary liable;
2. Limited right of removal if there
would be no injury to work
constructed, or without plantings or
constructions being destroyed.
*no damages incurred

Good Faith
1. Right of retention until necessary and
useful expenses are paid;
2. Keep BPS without indemnity to OM and
collect damages from him

Bad Faith
1. Lose the material without right to
indemnity
2. Must pay damages to BPS

Bad Faith
1. Entitled to reimbursement of necessary
expenses in preservation of the land;

Bad Faith
1. Collect value of material primarily
from BPS and if BPS is insolvent
landowner is subsidiary liable

3. A. Sell land to BP except if the value of land is

considerably more; then FORCED LEASE;
B. Rent to sower
*All options has a RIGHT to be indemnified for
damages.
*Pay necessary expenses to BPS in preservation of the
land

(except when landowner acted in

bad faith wherein he becomes
PRIMARILY LIABLE ;