A.

Where the landowner and improver is the same person, different materialsman

LANDOWNER = BPS
GOOD FAITH
* Lies in his belief that the materials belong to
him and his ignorance of any defect or flaw in
his title (Art 526)
BAD FAITH
2nd Par Art 453 Whenever the act was done with
his knowledge and without opposition on his
part

*Art 456 But his negligence may subject him to Lies in his knowledge of his lack of title and the
liability for damages absence of permission of the owner of materials

Landowner/BPS Landowner/BPS

1. Art 447 Right to acquire/appropriate 1. Art 447 Acquire the improvement after
the improvements after paying paying value and indemnity for
GOOD indemnity damages BUT subject to material
FAITH owner’s right to remove
Materialsman
Lies in his Materialsman
ignorance of the
1. Art 447 Limited right to remove
BPS’ acts
improvement (no injury to work 1. Art 447 Remove materials in any event
constructed, or destruction to (absolute; regardless of injury or
MTRL plantings, constructions or works) destruction to improvement)
2. Art 447 Receive indemnity for value 2. Art 447 Be indemnified for damages
S
Landowner/BPS
MAN
1. By analogy with Art 449 Acquire the
improvement without paying indemnity
BAD FAITH Art 453 Same as though both
2. Ask for damages if there are hidden
defects (though it is a different thing to
Consists of
ask for damages and to prove it) acted in good faith
allowing the use
of materials
without protest Materialsman (See Quadrant I)

1. By analogy with Art 449 Lose the

improvement without right to
indemnity

A. Where the improver and materialsman is the same person, different landowner

LANDOWNER
BAD FAITH

2nd Par Art 453 Whenever the act was done with
GOOD FAITH
his knowledge and without opposition on his
part
- Ignorance of the builder’s act or belief that the
BPS has the right to construct, plant or sow
- Knowledge of improver’s act or knowledge of
BPS right to construct, plant or sow, but only
paid the price of the land

BPS GOOD FAITH Landowner Landowner

= - Lies in his belief Art 448 Landowner has the OPTION to (NB 1. Art 454 in connection with Art 447
that and belongs alternative)
MTR to him, & his 1. Sell land to BP or collect rent from S
Indemnify BPS for improvements (as if
BPS owner made the improvement
Art 448 UNLESS: value of land
LS ignorance of any
defect/flaw in his considerable > than that of BPS; in which
through BPS) and pay damages
2. Cannot compel builder to buy land
 case, BP pay rent under terms fixed by
parties or Court
2. Acquire BPS upon paying indemnity
– Indemnity to be either (NB:
without B’s consent; otherwise B could
alternative)
collect price as damages
title a. 1st Par Art 546 Original cost of BPS
(Art 548: not ornaments)
- Art 456
Negligence does
b. 2nd Par Art 546 Increase in value of
Materialsman/BPS
whole (plus value)
not exclude
liability for 1. Art 447 Remove improvement in any
damages under Materialsman/BPS
event
Art 2176 and/or
1. Reimburse necessary and useful
expenses 2. Art 447 Be indemnified for damages
2. Art 546 In (2), builder has right to
RETAIN until indemnity paid and cannot
be required to pay rent

Landowner

1. OPTION to

MAN a. Art 449 Acquire improvement without

paying indemnity and collect damages
(Art 451)
b. Art 450 Sell land to BP or rent land to S
and collect damages (Art 451) in both
cases
BAD FAITH c. Art 450 Demand demolition of work or
restoration to former condition and Art 453 Same as though both
- Lies in his collect damages (Art 451)
knowledge of his
1. Art 452 Pay necessary expenses for acted in good faith
lack of title &
absence of preservation
permission of the (See Quadrant I)
landowners Materialsman/BPS

1. Art 449 Lose improvement without

right to indemnity
2. Art 452 Recover necessary expenses
for preservation of land
3. Art 451 Pay damages to land owner
4. Also if Lo does not insist strict
compliance with Art 449, he may
remove improvements if without injury

A.
 B. Where the landowner is the improver

LANDOWNER
GOOD FAITH BAD FAITH

MATERIALSMAN GOOD MATERIALSMAN BAD MATERIALSMAN GOOD MATERIALSMAN BAD

FAITH FAITH FAITH FAITH
Landowner
Landowner 1. ART 448 Acquire
improvements and pay Landowner
1. ART 448 Acquire indemnity (ART 546 & 548)
improvements and pay to BPS; subsidiarily liable 1. Art 454 in connection with Landowner
indemnity (ART 546 & 548) (ART 455) to mtrlsman Art 447 Acquire
to BPS; subsidiarily liable
2. ART 448 improvements after paying 1. Art 454 in connection with
(ART 455) to mtrlsman indemnity and damages to
(a) Sell land to BP; Exception: land Art 447 Acquire
2. ART 448 value considerably > BPS, forced BPS unless latter decides to improvements and pay
(a) Sell land to BP; Exception: land lease remove indemnity and damages to
GOO value considerably > BPS (b) Rent to S 2. Art 455 Subsidiarily liable to BPS unless latter decides to
(b) Rent to S owner of materials remove
D 3. ART 455 Without subsidiary
BP liability for cost of materials
FAIT BPS BPS BPS
S H BPS 1. Art 447 May remove
1. ART 546, 452 Right of 1. Art 447 May remove
improvements improvements
retention for necessary and
1. ART 546, 452 Right of 2. Art 447 Be indemnified for
useful expenses
retention for necessary and damages in any event
2. Art 447 Be indemnified for
2. ART 455 Pay value of useful expenses damages in any event
materials Materialsman
2. Art 449 Keep improvement
without indemnity to owner Materialsman
Materialsman of mtrl & collect damages 1. Art 447 Remove materials if
from him possible without injury 1. Art 449 No indemnity; loses
1. ART 455 Collect value of 2. Art 455 Collect value of materials
mtrls primarily from BPS Materialsman materials primarily from BPS;
2. ART 447 Remove mtrls only subsidiarily from LO
if without injury 1. Art 449 lose mtrls without
right to indemnity
2. Pay damages

BAD MATERIALSMAN GOOD MATERIALSMAN BAD MATERIALSMAN GOOD MATERIALSMAN BAD

FAIT FAITH FAITH FAITH FAITH
 Landowner
Landowner
1. OPTION to (NB alternative)
1. OPTION to (NB alternative) a) ART 449 acquire improvement w/o
Landowner
a) ART 449 acquire improvement w/o paying indemnity and collect
paying indemnity and collect damages (Art 451) or 1. Art 447 Acquire
damages (Art 451) or b) ART 450 Demolition or restoration improvements after
b) ART 450 Demolition or restoration and collect damages (Art 451) or indemnity; (Art 455)
and collect damages (Art 451) or c) ART 448, 450 Sell to BP or rent to Subsidiarily liable to owner of
c) ART 448, 450 Sell to BP or rent to S, and collect damages (Art 451) materials
S, and collect damages (Art 451) 2. ART 452 Pay necessary 2. (a)Art 448 Sell to BP EXCEPT
2. Art 452 Pay necessary expenses to BPS if value of land is
expenses to BPS considerably more
3. Art 455 Subsidiarily liable to BPS (b) Rent to S Art 453 Same as though
mtrlsman
BPS both
1. ART 546 Recovery necessary
H BPS expenses for preservation of
land 1. Art 452 Right of acted in good faith
1. Art 452 Recover necessary 2. ART 449 loses improvements
reimbursement for necessary
expenses without right to indemnity
expenses (See Quadrant I)
2. Art 449 Loses without right
2. Art 449 Loses improvements from LO UNLESS LO sells
of indemnity from LO, unless
without right of indemnity land (ART 450)
LO sells land
from LO (Art 452) unless LO
sells land (Art 450) Materialsman
Materialsman
Materialsman 1. Recover value from BPS (as
1. Collect value of materials
if both in GF)
and damages from BPS
1. Art 455 Collect value of 2. Art 447 BPS acquires
2. Art 447 Remove materials in
materials primarily from BPS improvements, remove
any event if BPS acquires
2. Art 447 Remove materials in materials if feasible without
improvements
any event if BPS acquires injury
improvements 3. No action agains LO. May be
liable to LO for damages