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Landowner is the Builder, Planter and Sower (LO + BPS) Owner of the Material (OM)
Good Faith Good Faith
Since both acted in good faith the principal (landowner + builder) has the Since both acted in good faith the OM may demand as long as no
first right to choose a remedy: damages will be incurred:
1. Appropriate/ acquire improvements but reimburse the cost of 1. Right to be indemnified (paid) for the value of the materials; (Art.
materials to the OM. (Art. 447) 447)
(No person shall unjustly enrich himself at the expense of 2. Limited right of removal if there would be no injury to work
another.) constructed, or without plantings or constructions being destroyed.
(Art. 447)
Legal effect: Since he is responsible for the attachment or incorporation
and having acted in good faith, he is exonerated from punitive liability and
damages. (Art. 447)
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SCENARIO 2. The Builder, Planter and Sower using his own material, plants, build or sows at the Land of Another.
Landowner (LO) Builder, Planter and Sower is the Owner of the Material (BPS + OM)
Good Faith Good Faith
Since both acted in good faith, a conflict of rights arises (state of forced co- Since both acted in good faith the Builder, Planter, and Sower and the
ownership). It is necessary to protect the owner of the improvements (OM) Owner of the Material
without causing injustice to the owner of the land. 1. Right to be indemnified (paid) for the value of the materials and
cost of labor; (Art. 448) *if LO insolvent Right to retention
The owner of the land choses the first option because his right is older and by (non-payment of rent pending reimbursement)
the principle of accession he is entitled of the ownership of the accessory thing 2. He cannot be compelled to buy the land but instead pay
(the accessory follows the principal): (HE MUST CHOOSE ONE, otherwise the reasonable rent.
COURT WILL FIX IT)
1. Appropriate/ acquire improvements after paying indemnity;
2. Sell the land to BP (unless the value of the land is considerably
greater than the improvements forced lease) or collect rent from the
sower (Art 448)
*if BP/OM is insolvent remedy of remotion (removal of the improvement)
remedy of retention (as is where is)
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3. A. Sell land to BP except if the value of land is (except when landowner acted in
considerably more; then FORCED LEASE; bad faith wherein he becomes
B. Rent to sower PRIMARILY LIABLE ;
*All options has a RIGHT to be indemnified for
damages.
*Pay necessary expenses to BPS in preservation of the
land