Article.

450

Land Owner Builder, Planter, Sower

(Good Faith) (Bad Faith Faith)

Land Owner may:

 Demand the demolition; or

 Planting and Sowing be
removed;
 Replace things at their
former condition at the
expense of the builder,
planter or sower
 Compel the builder/planter
to pay the price of the land
 Ask the Sower for proper
rent.

Article. 451
Land Owner is also entitled to
damages
 Article. 455

Situation: Builder, planter or sower has built, planted or sown on the land of another using the materials
belonging to another person

2 Situations:

1st situation

Owner of materials He loses all the Land Owner may claim

(Bad Faith) materials materials (Art. 449 and
445)

Builder, Planter or Sower If he acted in good faith: honestly thought that

both the land and materials belonged to him.

MAY CLAIM REASONABLE COMPENSATION TO

THE OWNER (Unjust Enrichment)

If acted in bad faith: he knew that

both the land and materials
belong to another.

LIABLE TO LAND OWNER FOR

DAMAGES

2nd Situation

Owner of materials Builder, planter or sower Land Owner

(Good Faith) (Primarily Liable) (Subsidiary Liable)
MUST BE 1. Without damages Following conditions
REIMBURSED if in Good Faith must be met:
2. With damages if in 1. In case of
bad faith insolvency of the
builder, planter
or sower
2. He appropriates
the building,
planting or
sowing