This document discusses property law articles 445-456 regarding ownership of buildings, plants, or improvements made on another's land. Article 445 states that whatever is built, planted or sown on another's land belongs to the landowner, unless otherwise provided. Article 446 states that if the landowner and builder/planter/sower are the same person, then ownership depends on any contrary provisions. If multiple parties are involved and act in good faith, then the builder/planter/sower is reimbursed by the landowner or materials owner. However, if any party acts in bad faith, they are liable.
This document discusses property law articles 445-456 regarding ownership of buildings, plants, or improvements made on another's land. Article 445 states that whatever is built, planted or sown on another's land belongs to the landowner, unless otherwise provided. Article 446 states that if the landowner and builder/planter/sower are the same person, then ownership depends on any contrary provisions. If multiple parties are involved and act in good faith, then the builder/planter/sower is reimbursed by the landowner or materials owner. However, if any party acts in bad faith, they are liable.
This document discusses property law articles 445-456 regarding ownership of buildings, plants, or improvements made on another's land. Article 445 states that whatever is built, planted or sown on another's land belongs to the landowner, unless otherwise provided. Article 446 states that if the landowner and builder/planter/sower are the same person, then ownership depends on any contrary provisions. If multiple parties are involved and act in good faith, then the builder/planter/sower is reimbursed by the landowner or materials owner. However, if any party acts in bad faith, they are liable.
This document discusses property law articles 445-456 regarding ownership of buildings, plants, or improvements made on another's land. Article 445 states that whatever is built, planted or sown on another's land belongs to the landowner, unless otherwise provided. Article 446 states that if the landowner and builder/planter/sower are the same person, then ownership depends on any contrary provisions. If multiple parties are involved and act in good faith, then the builder/planter/sower is reimbursed by the landowner or materials owner. However, if any party acts in bad faith, they are liable.
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PROPERTY
PROPERTY ARTICLES 445-456
GR: Article 445
Whatever is built, planted or sown on
the land of another and the improvements or repairs made thereon, belong to the owner of the land.
IS THIS PRESUMPTION REBUTTABLE?
NO YES Article 446. Determine whether it is the When the owner of the land is landowner, also the owner of whatever is builder/sower/planter or built planted and sown thereon, the owner of materials unless contrary is provided.
FOR OWNER OR MATERIALS
IF IN GOOD FAITH:
IF IN BAD FAITH:
FOR BUILDER, PLANTER OR SOWER
IN GOOD FAITH IN BAD FAITH
AGAINST LANDOWNER AGAINST OWNER OF
MATERIALS AGAINST AGAINST LANDOWNER BUILDER/SOWER/PLANTER AGAINST OWNER OF MATERIALS
If there are 3 partie
involved (L.O, B.S.P and O.M IN BAD FAITH
Art. 455 BUILDER/PLANTER/SOWE
Are all acted in
good faith? YES AGAINST FOR LANDOWNER
R B.S. L.O O.M P AGAINST OWNER OF SUBSIDIARY LIABLE Entitled for PRINCIPALLY L in case of insolvency reimbursement FOR
MATERIALS of BSP if he makes from the BSP REIMBURSEM use of the materials
IN GOOD FAITH He does NOT make use of the materials if:
BUILDER/SOWER/PLANTE If he compels the builder to purchase the land; Or demolish the construction.
AGAINST
R If all parties are in BAD FAITH, it will be considered that all parties acted in GOOD NO FAITH O.M is in BF O.M BLE T Losses all the rights to be indemnified Liable for consequential damages
