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A. Building, planting or sowing on ones own land (LO) with materials belonging to another (OM) ART.
447
4 Scenarios:
1.
ii.
2.
3.
4.
B. Building, planting or sowing with ones own materials (BPS-OM) on the land of another (LO)
4 Scenarios:
1.
2.
ii.
- available only if the price of the land is NOT considerably more than the
building (for builders) or trees (for planters)
- not available against sower (instead, rent may be compelled)
- if price is CONSIDERABLY more and LO does not choose to appropriate,
BPS-OM shall pay reasonable rent (in case of disagreement, the court
shall fix the terms)
iii.
Option to remove
- available ONLY if the LO chooses to sell his land and the BPS-OM fails to
pay the same
BPS-OM has the right of retention until he is indemnified by the LO if the latter chooses to appropriate. In
such case, the former is also not required to pay rentals.
BOTH in BAD FAITH ART. 453
LO and BPS-OM are in pari delicto
- rights and options in of both parties (in good faith) shall apply
3.
ii.
Option to demand
demolition or removal at
the expense of BPS-OM
w/ damages
iii.
- regardless of the price of the land vis--vis the price of the buildings
and trees
BPS-OM is entitled to reimbursement for the recovery of necessary expenses for the preservation of the land
4.
C. Building, planting or sowing (BPS) on the land of another (LO) with materials belonging to a third
person (OM)
1.
OM in BAD FAITH
OM loses materials without indemnity
LO may claim what has been built, planted or sown without indemnity
BPS would depend on whether he acted with:
GOOD FAITH
Right to claim from LO a reasonable compensation for his labor
BAD FAITH
* If OM, LO and BPS all acted in bad faith, they are considered in pari delicto
2.
OM in GOOD FAITH
OM entitled to recover the value of his materials
LO subsidiarily liable if the following requisites are present:
i.
Insolvency of the BPS
ii.
Appropriation of the building, planting or sowing by the LO
BPS primarily liable to the OM (w/o damages if BPS is in GOOD FAITH or w/ damages if in BAD FAITH) - Apply
Art. 450
POSSESSION
A. Effects upon FRUITS
1.
In GOOD FAITH
If fruits have already been
i.
received
If fruits still pending
2.
In BAD FAITH
B. Effects
C. Effects