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RIGHT OF ACCESSION TO IMMOVABLE PROPERTY

I. 1ST CASE: ART. 447 – LANDOWNER IS THE BUILDER or PLANTER, IN GOOD OR BAD FAITH, AND USES THE
MATERIALS OF ANOTHER PERSON

* Art. 454 - LANDOWNER IS IN BAD FAITH & BUILDER/PLANTER IS IN GOOD FAITH (latter has same right as
material owner in good faith)

II. 2nd CASE : ART. 448 - BUILDER or PLANTER BUILDS, PLANTS, SOWS ON ANOTHER’S LAND USING HIS OWN
MATERIALS and LANDOWNER; BOTH ARE IN GOOD FAITH ( related to Arts. 546, 548)

* Art. 453 - LANDOWNER & BUILDER/PLANTER ARE BOTH IN BAD FAITH;

III. 3rd CASE : ART. 450 – RIGHTS OF LANDOWNER IN GOOD FAITH IF BUILDER or PLANTER, IS IN BAD FAITH (relate
also to Arts. 449, 451, 452; Arts. 546, 548)

IV. 4th CASE: ART. 455 – RIGHTS OF OWNER OF MATERIALS vs. LANDOWNER &/OR BUILDER OR PLANTER

STUDY GUIDE: ARTS. 448 - 456

2nd CASE : ART. 448 - BUILDER or PLANTER BUILDS, PLANTS, SOWS ON ANOTHER’S LAND
USING HIS OWN MATERIALS and LANDOWNER; BOTH ARE IN GOOD FAITH ( relate also to Arts.
546, 548)

* Art. 453 - LANDOWNER & BUILDER/PLANTER ARE BOTH IN BAD FAITH;

1. Enumerate the rights of the parties if a builder/planter/sower builds, plants, sows on


another’s land using his own materials when both are in good faith under Art. 448,
including those referred in Arts. 546, 548.
2. What options or remedies are available to the parties if the landowner elects to sell the
land, but the builder in good faith is unable to pay the value of the land ?
3. State the status and rights of parties before landowner makes the choice under Art. 448.
4. Why does Art. 448 gives the Option to the Landowner in good faith and Not to the Builder
or Planter in Good Faith?
5. Can the landowner on whose land a building is constructed in good faith simply refuse to
elect any options under Art. 448, despite failing to reach any voluntary agreement with a
builder/planter in good faith?
6. If the landowner will not appropriate and pay for the building or plantings, and the builder or
planter cannot buy the land, and both parties cannot agree on the rent for the land, what is
the remedy?
7. Once the landowner elects from any of his alternative rights in Art. 448, can he still change
his choice later?
8. If the owner elects to sell the land to the builder or planter, what is the basis of the price?
9. Can the landowner compel the sower to buy the land? Why? What is his option against the
sower?
10. A. Landowner cannot compel the sower to buy the land. Land owner can either buy the
improvement or demand rental.
11. Can Art. 448 also apply to land that is of public dominion?
12. Can a lessee who builds a house on the land of compel the landowner to sell him the land?

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3rd CASE : ART. 450 – RIGHTS OF LANDOWNER IN GOOD FAITH IF BUILDER or PLANTER, IS IN
BAD FAITH (relate also to Arts. 449, 451, 452; Arts. 546, 548)

1. Enumerate the rights of the parties if landowner is in good faith and the builder or planter,
is in bad faith in Art. 450 including those in related Articles 449, 451, 452; Arts. 546, 548.
2. Is a Builder or planter found in bad faith by the lower court, entitled to retention of the land
pending appeal of the case?
3. Is a party who plants, builds or introduces improvements while a litigation is pending
between him and the other party involving the same property, be considered a builder or
planter in good faith and thus entitled to reimbursement?

4th CASE: ART. 455 – RIGHTS OF OWNER OF MATERIALS vs. LANDOWNER &/OR BUILDER OR PLANTER

1. State the rights of the owner of materials if he is in good faith or bad faith as against the
builder/planter or landowner in good faith.
2. In case there are three parties involved, landowner, builder/planter, and owner of materials,
and builder has paid for the materials, when can the builder demand reimbursement from
the landowner.
3. State the rights of the owner of materials, the builder/planter and landowner if all of them
are in bad faith.