Scribd
Upload
73 views3 pages

My Property Accession Charts

This document outlines property rights regarding landowners, builders, planters, and sowers under various good and bad faith scenarios. It establishes that in good faith situations, the landowner has the option to acquire improvements by paying indemnity to the builder, planter or sower. In bad faith situations, the builder, planter or sower may lose the improvements without compensation or be required to pay damages. Good and bad faith is defined in terms of knowledge of title and permission to use the land.

Uploaded by

Lester
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as RTF, PDF, TXT or read online on Scribd
73 views3 pages

My Property Accession Charts

This document outlines property rights regarding landowners, builders, planters, and sowers under various good and bad faith scenarios. It establishes that in good faith situations, the landowner has the option to acquire improvements by paying indemnity to the builder, planter or sower. In bad faith situations, the builder, planter or sower may lose the improvements without compensation or be required to pay damages. Good and bad faith is defined in terms of knowledge of title and permission to use the land.

Uploaded by

Lester
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as RTF, PDF, TXT or read online on Scribd
You are on page 1/ 3

Mark Lester A. Jalando-on L.LB.

II Property Accession Charts

LANDOWNER
AND OWNER OF MATERIALS
BUILDER, PLANTER, OR SOWER

GOOD FAITH GOOD FAITH


1. Acquire the building, planting, or 1. Remove them if there would be no
sowing after paying indemnity for injury to work constructed, or
value. (447) without plantings or constructions
being destroyed; (447)
2. Receive indemnity for value.

BAD FAITH GOOD FAITH


1. Acquire after paying value and 1. Remove in any event;
paying indemnity for damages. (447) 2. Be indemnified for damages.
(447)
GOOD FAITH BAD FAITH
1. Acquire without paying indemnity 1. Lose them without right to
(by analogy with 449). indemnity (by analogy with 449)

BAD FAITH BAD FAITH


Same as though both acted in good faith. Same as though both acted in good
faith.

ART. 447
GOOD FAITH IN THE BUILDER lies in his belief that the materials
belong to him and his ignorance of any defect or flaw in his title.
BAD FAITH IN THE BUILDER lies in his knowledge of his lack of title
and the absence of permission of the owner of the materials.
GOOD FAITH IN THE OWNER OF THE MATERIALS lies in his
ignorance of the Builders acts.
Mark Lester A. Jalando-on L.LB. II Property Accession Charts

BAD FAITH IN THE OWNER OF THE MATERIALS consists in


allowing the use of the materials without protest.

ART. 448-458
BUILDER, PLANTER, or SOWER
LANDOWNER and
OWNER OF MATERIALS
GOOD FAITH GOOD FAITH
1. Landowner has option to (Art. 448); 1. In (b), builder has right to retain
a. Sell Land to Planter or builder or until indemnity paid and cannot be
collect rent from sower. required to pay rent.

b. Acquire improvement upon


paying indemnity. Indemnity to
be either:
I. Original cost of improvement
(not ornaments) or
II. Increase in value of whole
(plus value) (NCC. 546,
548)

GOOD FAITH BAD FAITH


1. Option to: 1. Lose them without right to
a. Acquire improvements without indemnity;
paying indemnity and collect 2. Recover necessary expenses for
damages; preservation of land;
b. Sell land to Builder, Planter or 3. Pay damages to landowner.
rent land to Sower, and collect
damages in both cases; or
c. Order demolition of work, or
restoration to former condition
Mark Lester A. Jalando-on L.LB. II Property Accession Charts

and collect damages.


2. Pay necessary expenses for
preservation. (449, 450, 451)

BAD FAITH GOOD FAITH


1. Landowner must indemnify builder 1. Remove them in any event; or
for the improvements and pay 2. Be indemnified for damages.
damages;
2. Cannot compel builder to buy land
without Bs consent; otherwise, B
could collect price as damages. (454,
447)

BAD FAITH BAD FAITH


Same as though both acted in good Same as though both acted in good
faith. faith.

GOOD FAITH IN THE BUILDER lies in his belief that the land belongs to
him, and his ignorance of defect or flaw in his title.
GOOD FAITH OF THE OWNER lies in his ignorance of the builders acts,
or belief that the builder has the right to construct.
BAD FAITH IN THE BUILDER lies in his knowledge of his lack of title
and absence of permission of landowner.

You might also like