Rights of Accession
Rights of Accession
Rights of Accession
447)
LAND OWNER AND BUILDER, PLANTER, SOWER Good Faith Acquire the building, etc. after paying indemnity for the value of materials. OWNER OF MATERIALS Good Faith 1. Remove them if without injury to work constructed or without plantings or constructions being destroyed. 2. Receive indemnity for value of materials. Good Faith 1. Absolute right of removal - Remove the materials in any event whether or not injury will be caused 2. Be indemnified for damages. Good Faith Acquire w/o paying indemnity. Bad Faith Same as though both acted in good faith (in pari delicto). Bad Faith 1. Lose materials w/o right to be indemnified. 2. Liable for any consequential damages. Bad Faith
Bad Faith Acquire after paying the value & indemnity for damages but subject to the right of owner of materials to remove.
Art. 448, does not apply when the builder is a belligerent occupant.
Good Faith 1. Option to: a. Acquire improvements without paying indemnity and collect damages. b. Sell the land to BP, rent land to S and collect damages in both cases. c. Order demolition of work or restoration to former condition and collect damages in both cases. 2. Pay necessary expenses for preservation. Bad Faith 1. Landowner must indemnify BPS for improvements and pay damages. 2. Cannot compel BPS to buy land. Bad Faith Same as though both acted in good faith (in pari delicto) Bad Faith 1. Lose them without right to be indemnified. 2. Recover necessary expenses for preservation of land. 3. Pay damages to landowner.
Good Faith 1. Remove them in any event; and/or 2. Be indemnified for damages. Bad Faith
As landowner, defendant may either sell the lot or appropriate the improvements for himself with reimbursement to the builder, landowner, planter who was in good faith (Corporation vs. CA, 208 SCRA
5 [1992])
Art. 448, in relation to Art. 556 which provides for full reimbursement of useful improvements and retention of the premises until reimbursement is made, applies only where both the builder and landowner acted in good faith.
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2. Keep building, etc., w/o indemnity to OM and collect damages from him. arellano
law
2. Pay damages.
1. Option to: a. Acquire improvement w/o paying indemnity and collect damages; b. Demolition/restoration plus damages; c. Sell to BP or collect rent from s plus damages. 2. Pay necessary expenses to BPS.
1. Recover necessary expenses for land preservation. 2. Loses improvement w/o right to indemnity from LO unless LO sells the land.
1. Recover value from BPS (in pari delicto). 2. If BPS acquired improvement, remove materials if possible (w/o injury). 3. No action against LO and may be liable to LO for damages.
Bad Faith Same as though all acted in good faith (in pari delicto)
Bad Faith Same as though all acted in good faith (in pari delicto)
Bad Faith Same as though all acted in good faith (in pari delicto)