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BUILDER/PLANTER/SOWER (BPS)
GOOD FAITH
To receive indemnity for necessary, useful and luxurious expenses (if the LO wants to
appropriate the luxurious improvements) with right of retention over the land without
obligation to pay rent until full payment of indemnity.
To remove useful improvements provided it does not cause any injury (this is part of right
of retention).
If LO does not appropriate luxurious improvements, BPS can remove the same provided
there is no injury to the principal thing (land or building).
To purchase land at fair market value when value is not considerably more than that of
the building or trees.
If BPS cannot pay purchase price of land, LO can require BPS to remove whatever has
been built, planted or sown.
If the value of land is considerably more than that of the building or trees, BPS cannot be
compelled to buy the land. In such case, BPS will pay reasonable rent if LO does not
choose Option 1.
B. GOOD FAITH
Option 1: To acquire whatever has
been built, planted or sown without
paying indemnity except necessary
expenses for preservation of land and
luxurious expenses (should LO want to
acquire luxurious improvements) plus
damages.
If BPS cannot pay the rent, LO can eject BPS from the land.
BAD FAITH
Loses whatever has been built, planted or sown without indemnity and liable to pay
damages.
Entitled to reimbursement for necessary expenses for preservation of land but no right of
retention.
Entitled to reimbursement for useful expenses but cannot remove useful improvements
even if removal will not cause injury.
Not entitled to reimbursement for luxurious expenses except when LO wants to acquire
luxurious improvements (value of which will be the one at the time LO enters into
possession).
D. BAD FAITH
Same as A.
Entitled to remove luxurious improvements if it will not cause injury and LO does not
want to acquire them.
Obliged to pay for land or proper rent and pay damages.
Obliged to remove or demolish work done at his expense and pay damages.
GOOD FAITH
If LO acquires whatever has been built, planted or sown, BPS must be indemnified the
value thereof plus damages.
(If LO does not acquire whatever has been built, planted or sown, BPS cannot insist on
purchasing land).
BPS can remove whatever has been built, planted or sown regardless of whether or not it
will cause injury and will be entitled to damages.
BAD FAITH
Same as A.
Rules when landowner (LO), builder/planter/sower (BPS) and owner of the materials (OM) are 3 different persons:
LANDOWNER (LO)
BUILDER/PLANTER/SOWER (BPS)
A. GOOD FAITH
GOOD FAITH
GOOD FAITH
GOOD FAITH
C. GOOD FAITH
BAD FAITH
Same as D.
Same as D.
B. GOOD FAITH
Same as A.
Same as A.
GOOD FAITH
DEFINITION
PRINCIPAL IN
GOOD FAITH
PRINCIPAL IN
BAD FAITH
ADJUNCTION
2 movables belonging to
diff. owners are united in
such a way that they form a
single object
Owner of principal:
1. acquires the accessory
2. must
indemnify
the
owner of the accessory
for its value
ACCESSORY IN
GOOD FAITH
ACCESSORY IN
BAD FAITH
Owner of accessory:
1. Loses all rights to the
accessory
2. Liable for damages
CO-OWNERSHIP
1. Judicial partition
2. Extrajudicial
partition
3. Prescription
in
favor
of
coowner
4. Prescription
in
favor
of
a
stranger
5. Merger in 1 coowner
6. Destruction/loss
7. Expropriation
POSSESSION
1. Abandonment of the
thing
2. Assignment made to
another
by
onerous/gratuitous
title
3. Destruction or total
loss of the thing, or
because it goes out of
commerce
4. Possession of another
for more than a year
(but for real right of
possession, 10 years)
5. Final
judgment
in
favor of another with
a better right
6. Expropriation
7. Recovery
or
reivindication by the
legitimate owner or
possessor
MIXTURE
Combination
of
materials
where the respective identities
or the component elements
are lost
1. Co-ownership results
2. Each owner acquires an
interest/right proportional
to the value of his material
Owner of principal:
1. Loses his material
2. Liable for damages
SPECIFICATION
The giving of a new form to anothers material
thru application of labor; the material
undergoes
change
of
identity
or
transformation
GR: Worker/principal may appropriate the
new thing upon indemnification for the
materials.
E: If the materials is more valuable than the
new thing, the owner of the materials may:
1. Appropriate the new thing but may pay for
the work, OR
2. Demand indemnity for the materials +
damages
GR: Owner of materials has option:
1. Appropriate the new thing w/o paying for
labor, OR
2. Demand indemnity for materials +
damages
E: Owner of materials cannot appropriate if
the value of the new thing is more valuable
for artistic or scientific reasons
1. Co-ownership results
2. Each owner acquires an
interest/right proportional
to the value of his material
Owner of accessory:
1. Loses his material
2. Liable for damages
MODES OF EXTINGUISHMENT
USUFRUCT
1. Death
of
the
usufructuary,
unless a contrary intention
appears
2. Expiration of the period for w/c it
was constituted, or fulfillment of
resolutory condition
3. Merger of usufruct & ownership
in same person
4. Renunciation of the usufructuary
5. Total loss of the thing in usufruct
6. Termination of the right of the
person constituting the usufruct
7. Prescription
8. Annulment
9. Rescission
10. Mutual withdrawal
11. Legal
causes
ending
legal
usufruct
12. When usufructuary is a town
that has been abandoned or a
corporation or association that
has been dissolved (max 50
years)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
EASEMENTS
Merger in the same person of the
owner of the dominant & servient
estate
Non-use for 10 years
The easement cannot be used &
sufficient time for prescription has
elapsed
Expiration of the term or fulfillment of
the condition
Renunciation of the owner of the
dominant estate
Redemption agreed upon bet. the
owners of the dominant & servient
estates
Expropriation of servient estate
Abandonment of the servient estate
Permanent impossibility to make use of
the easement
Annulment, rescission or cancellation of
the title that constituted the easement
Resolution of the right of the grantor to
create the easement
Registration of the servient estate as
free (although the servient estate was
registered under the Torrens system,
the
easement
thereon
was
not
registered)
In case of legal easement of right of
way, the opening of an adequate outlet
to the highway extinguishes the
easement, if the servient owner makes
a demand for such extinguishment