RIGHT OF ACCESSION

ARTICLE 447 NUMBER OF PARTIES 2 IDENTITY OF PARTIES 1. Landowner RIGHTS AND OBLIGATIONS If the landowner acted in good faith GR: He becomes the owner of the materials but he must pay for the value. EXP: The only exception is when they can be removed without destruction to the work made of to the plants. In such case, the owner of the materials can remove them If the landowner is in bad faith GR: He becomes the owner of the materials but he must pay: 1.) Their value; 2.) And damages. EXP: The exception is when the owner of the materials decides to remove them whether or not destruction would be caused. In this case, the materials would still belong to the owner of said materials, who in addition will still be entitled to damages.

2. Owner of Materials

448

1.) Landowner (in good faith)

If the landowner acted in good faith The owner of the materials is entitled to reimbursement (provided he does not remove them). He is entitled to removal (provided no substantial injury is caused). If the landowner acted in bad faith The owner of the material is entitled to absolute right of removal and damages (whether or not substantial injury is caused). He is entitled to reimbursement and damages (in case he choose not to remove). The owner of the land on which anything has been built, sown or planted in good faith, shall have the right to

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appropriate as his own the works, sowing or planting, after payment of the indemnity provided for in Articles 546 and 548, or to oblige the one who built or planted to pay the price of the land, and the one who sowed the proper rent.

2.) Builder, Planter, Sower (in good faith)

450

1.) Landowner in Good Faith

However, the builder or planter cannot be obliged to buy the land if its value is considerably more than that of the building or trees. In such case, he shall pay reasonable rent, if the owner of the land does not choose to appropriate the building or trees after proper indemnity. The parties shall agree upon the terms of the lease and in case of disagreement, the court shall fix the terms. The owner of the land on which anything has been built, planted or sown in bad faith may demand the demolition of the work, or that the planting or sowing be removed, in order to replace things in their former condition at the expense of the person who built, planted or sowed; or he may compel the builder planter to pay the price of the land, and the sower the proper rent.

2.) Builder, Planter, Sower in Bad Faith

A builder in bad faith can lose the building, without indemnity for the necessary or useful expenses for the building, but he must be indemnified the necessary expenses for the preservation of the land because, after all, the true owner would have

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borne such expenses anyway, even if nothing had been built on the land. If there was bad faith, not only on the part of the person who built, planted or sown on the land of another, but also on the part of the owner of the land, the rights of one and the other shall be the same as though both had acted in good faith.

453

1.) Landowner in Bad Faith

(Refer to Art 448) 2.) Builder, Planter, Sower in Bad Faith

454

1.) Landowner in Bad Faith

Sell his building or plants Buy the price of the land (option with landowner) Pay damages Pay for the value of the building or plants plus damages because of his bad faith If however, builder or planter choose to remove or destroy the building or plants, landowner would still be liable for damages.

2.) Builder, Planter, Sower in Good Faith 455 3 1.) Landowner

Power of removal Entitled to damages Shall answer subsidiarily for the value of the materials and only in the event that the one who made use of them has no property with which to pay.

2.) Builder, planter or sower

Primarily liable

3.) Owner of the materials (in good

If the owner of the materials acted in

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faith) bad faith He loses all rights to be indemnified. Moreover, he can be liable for consequential damages (as when the materials are of an inferior quality). If he acted in good faith He is entitled to reimbursement from the builder, planter, or sower principally since it was the builder, planter or sower who first made use of the materials. In case of insolvency on the part of the builder, the landowner is subsidiarily liable, if he makes use of the materials.