7/31/2019 Property Art 447 to 455

1/4

Article Parties involve General Rule Right of the Land Owner Rights of the Builder,

Planter, Sower or

Material Owner

447The owner of the landwho makes thereon,personally or throughanother, plantings,

constructions or workswith the materials of

another, shall pay theirvalue; and, if he acted inbad faith, he shall also beobliged to the reparationof damages. The owner of

the materials shall havethe right to remove them

only in case he can do sowithout injury to the workconstructed, or withoutthe plantings,

constructions or worksbeing destroyed.However, if the landowner

acted in bad faith, theowner of the materialsmay remove them in anyevent, with a right to be

indemnified for damages.

Land Owner also Builder

And

Material Owner

Applies only to

construction or works

done by the owner of the

land using Materials

belonging to another

When in Good Faith:

Becomes the Owner of the

Materials upon payment

of the value of the

materials used belonging

to another

Exception:

When the owner of the

materials choose to

remove the materials w/ocausing injury to the work

done

*When in Bad Faith:

Value of the materials +

Damages

When in Good Faith:

To remove the materials

w/o causing injury to the

work done

*To reimbursed for the

value of the materials ; if

LO/B is in BF Value +

Damages

If LO/B is in BF, the MOhas the right to remove

the materials even causing

injury to the work done +

Damages when warranted

Note:

In both situations MO

enjoys the priority of right;

that is to remove the

materials.

448

The owner of the land on

which anything has beenbuilt, sown or planted ingood faith, shall have the

right to appropriate as hisown the works, sowing orplanting, after payment of

Land Owner

And

Builder, Planter or Sower

Applicable only when both

parties are in good faith

To appropriate what has

been built, planted or

sown after payment of

required indemnity

To compel the builder or

planter to pay the price of

Rights to be reimbursed

for the improvement

If LO choose to

appropriate the works and

improvements but does

not pay the necessary

7/31/2019 Property Art 447 to 455

2/4

the indemnity provided forin Articles 546 and 548, orto oblige the one who

built or planted to pay the

price of the land, and theone who sowed, theproper rent. However, thebuilder or planter cannotbe obliged to buy the land

if its value is considerablymore than that of the

building or trees. In suchcase, he shall payreasonable rent, if theowner of the land doesnot choose to appropriate

the building or trees afterproper indemnity. The

parties shall agree uponthe terms of the lease andin case of disagreement,the court shall fix theterms thereof.

the land, unless the price

of the land is considerably

more than the value of the

building or trees planted

Sower, LO can compel him

to pay proper rent

If LO does not choose any

of the rights above

mention, the LO shall lease

the land, if they cannot

agree to the terms the

court shall fix the term

Note: Lo has the Priority of

rights

indemnity to builder,

planter or sower, the

latter has the right to

retain the land until he is

reimbursed right of

retention, under Art. 546

by analogy

449- 452449 - He who builds,plants or sows in bad faithon the land of another,loses what is built,planted or sown without

right to indemnity.

450 - The owner of theland on which anythinghas been built, planted or

sown in bad faith maydemand the demolition ofthe work, or that theplanting or sowing be

removed, in order toreplace things in theirformer condition at the

expense of the person

Land Owner

And

Builder, planter or sower

in bad faith

The builder, planter or

sower in BF, loses what is

built, planter or sown w/o

indemnity

To appropriate what has

been built, planted or

sown w/o obligation to

pay indemnity

*To demand builder, etc.

to demolish or removewhat has been built

planted or sown at the

latters expense(Art. 450)

To compel the builder or

builder to pay the price of

the land, or for the sower

to pay reasonable rent for

the land (Art. 450)

When the LO does not

appropriate the

improvements the builder

or planter may remove the

improvements provided

the land will not suffer

from any injury

Exception for the lack of

indemnity the builder,

etc . in BF is entitled to

reimbursement for

necessary expenses for the

preservation of the land

(Art. 452)

7/31/2019 Property Art 447 to 455

3/4

who built, planted orsowed; or he may compelthe builder or planter to

pay the price of the land,

and the sower the properrent.

451 - In the cases of thetwo preceding articles, thelandowner is entitled todamages from the builder,

planter or sower.

452 - The builder, planteror sower in bad faith isentitled to reimbursement

for the necessary

expenses of preservationof the land.

To seek damages from the

builder, planter or sower

arising from Articles 449

and 450 (Art 451)

453

If there was bad faith, notonly on the part of theperson who built, planted

or sowed on the land ofanother, but also on thepart of the owner of such

land, the rights of one andthe other shall be thesame as though both hadacted in good faith.

Land Owner

And

Builder, planter or sower

both parties are in

badfaith

If both parties are in bad

faith, the bad faith of one

neutralizes the bad faith of

the other( 3 Manresa 223).

They are both considered

in good faith.

Go to Art 448 Go to Art 448

454When the landowner

acted in bad faith and thebuilder, planter or sowerproceeded in good faith,the provisions of article447 shall apply.

Land Owner in Bad Faith

And

Builder, Planter or sower

in Good Faith

The rights of the parties

will be governed by Art.

447.

Go to Article 447 * Go to Article 447 *

7/31/2019 Property Art 447 to 455

4/4

455

If the materials, plants orseeds belong to a thirdperson who has not acted

in bad faith, the owner of

the land shall answersubsidiarily for their valueand only in the event that

the one who made use ofthem has no property withwhich to pay.

Tripartite Affair

Land Owner

Builder , Planter or Sower

Materials Owner

The first 2 parties whether

in GF or BF, the rights of

the parties are governed

by Art. 449 to 454

Rights of the LO if in GF

Appropriate what has

been built, planted or

sown, w/o paying

indemnity (Art. 445), but if

necessary expenses for

preservation of the

property had been

incurred by the builder,

etc. the LO shall make

reimbursement (Art. 452)

Go to Art. 450 *

Liability of LO

If the MO was paid by the

B,P,S and LO choose to

appropriate the things

build, planted or sown, the

B,P,S may demand from

LO the indemnity for the

value of the materials

used as well as the cost of

labor

Rights of the MO

If he is in GF, he must be

reimbursed for the value

of his materials by the

builder, etc. If the latter

who is principally liable

could not pay bec. Of

insolvency, the land owner

shall be liable subsidiarily

provided he did not

choose to appropriate the

thing or he did not take

advantage of Art. 450.

If MO is in BF, he forfeitsall rights to be

indemnified( Art. 449). He

may even be liable for

damage caused.