Right Of Accession With Respect To Immovable Property 66396d
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RIGHT OF ACCESSION WITH RESPECT TO IMMOVABLE PROPERTY Owner of Materials (OM) Builder Planter Sower (BPS) Landowner (L) Good Faith
Good Faith
Good Faith
In relation to BPS
In relation to OM
In relation to the owner of the materials
1.
He shall have the right to demand payment for materials used. (Art 447 by analogy)
1.
2.
In relation to L
He shall have the right to remove his materials provided that it would not cause injury to the work constructed, or without the plantings, constructions or work being destroyed. (Article 447 by analogy) In relation to the Landowner
2.
3.
3. Right to remove materials so long as he can do so without injury to the work constructed, or without the plantings, constructions or work being destroyed (Art. 447) In relation to both BPS and the landowner 4. Right to demand payment for the value of his materials, plants or seeds used by BPS. (art 455)
5.
In case BPS cannot pay because of the absence of property, he may demand payment from the landowner who is subsidiarily liable (because L benefits from the materials) (Article 455)
The materials belong to him upon payment of their value (Art 447 by implication)
He has the right to receive indemnity if the owner chooses to appropriate the works, sowing or planting (Art 448 by implication) If L chooses to oblige the builder or planter to pay the proper rent, he has the right to refuse to pay if the value of land is considerable more than that of the bldg or the trees. In such case, he shall pay reasonable rent., which shall be agreed upon with L and in case of disagreement, the of the lease will be decided by the court. (Art 448 by implication)
In relation to both BPS and landowner
4.
If BPS pays OM, he may demand from the landowner the value of the materials and labor. (Article 455) in case L chooses to appropriate what he has built, planted or sown.
1.
Pay for the value of materials of OM (Art 447) 2. In case he cannot pay, he shall allow the OM to remove the materials without injury to the work constructed or without the plantings, constructions or work being destroyed In relation to the BPS
3.
He has the right to appropriate as his own the works, sowing or planting after payment of indemnity provided for in Art 546 and 548 (Article 448)
4.
Alternatively, he may oblige the one who built or planted to pay the price of the land or the one who sowed the proper rent. LIMITATION: he cannot oblige the builder or planter to pay the land if its value is considerably more than that of the bldg or trees. In such case, the BP shall pay reasonable rent, assuming he does not choose to appropriate the building or trees after proper indemnity. The parties shall agree upon the of the lease and in case of disagreement, the courts shall fix the thereof.(Art 448) In relation to both OM and landowner
5.
If BPS cant pay to OM, he is subsidiarily
RIGHT OF ACCESSION WITH RESPECT TO IMMOVABLE PROPERTY Owner of Materials (OM) Builder Planter Sower (BPS) Landowner (L) liable because he benefits from the materials. (art 455) Good Faith
Bad Faith:
Good Faith
In relation to BPS
In relation to L 1. BPS loses what is built , planted or sown without right to indemnity. (Art 449)
In relation to BPS
1.
He shall have the right to be paid the value of his materials plus damages. (Article 447 by analogy)
2.
In relation to BPS and L 2. He shall have the right to go after the landowner provided that L does not exercise rights under Art 450 against BPS in bad faith (Art 455)
He is entitled to reimbursement for the necessary expenses of preservation of the land.
1.
He may demand the demolition of the work, or that the planting, sowing be removed in order to replace things in their former condition at the expense of the BPS (art 450)
2.
He may also compel the BP to pay the price of the land, and the S to pay the proper rent (Art 450)
3.
He is entitled to damages from BPS
In relation to OM
3.
He shall pay the value of the materials plus damages. (Article 447)
In relation to BPS and OM
In relation to OM and BPS
4.
4.
He shall pay OM with the value plus damages. (Article 447). In case he cannot pay, L would be liable provided that L does not exercise his rights under Art 450
Good Faith
Bad Faith (if he occupies the land with the knowledge that it is owned by another)
Good Faith
Good Faith
He is subsidiarily liable to OM for the value of materials only (not damages!!!) provided he does not exercise his rights under Article 450 (demolition or destruction of what BPS in bad faith built, planted or sown). The reason is he does not benefit from the materials and in fact, repudiates said benefits. (Art 455 in relation to 450)
Bad Faith (the acts of the BPS were done with his knowledge and without opposition on his part)
DETERMINED AS THOUGH BOTH ACTED IN GOOD FAITH ( Art 453) Bad Faith:
RIGHT OF ACCESSION WITH RESPECT TO IMMOVABLE PROPERTY Owner of Materials (OM) Builder Planter Sower (BPS) Landowner (L) In relation to L
In relation to the landowner
In relation to the owner of materials in good faith
1.
He shall have the right to remove what he has built, planted or sown with right to be indemnified for damages (Article 454, which applies by analogy Art 447)
1.
In case, L takes/destroys what he has planted, built or sown, he shall have the right to demand payment of value plus damages. (Article 454, which applies by analogy Art 447)
In relation to the builder planter, sower in good faith
1.
Right to remove the materials even if it does injury to the work constructed or the plantings or construction or work. (Art 447)
2.
Right to be paid for the value plus damages (Art 447) In relation to BPS and landowner
2.
3. Right to demand payment from BPS. In case BPS insolvent, he may make L liable.
Bad Faith (if his materials were used with his knowledge and forbearance and without opposition on his part--Tolentino) In relation to BPS and L 1. He will lose his materials without right to indemnity. It is the same as if he himself had made the building or planting or sowing because it was done with his tacit consent.
Good faith 1. He is not obligated to pay for the value and damages. (By implication of Tolentino’s comments but this is questionable especially when viewed from the principle of unjust enrichment.)
Pay for the value of materials of OM (Art 447)
2.
Obliged to make reparations for damages to OM (Art 447)
1.
He shall pay damages in case BPS removes what was built, planted or sown
2.
He shall also pay the value of what BPS built, planted or sown plus damages in case he takes/destroys BPS’ work.
Good Faith
Good Faith
In relation to BPS
In relation to OM
In relation to the owner of the materials
1.
He shall have the right to demand payment for materials used. (Art 447 by analogy)
1.
2.
In relation to L
He shall have the right to remove his materials provided that it would not cause injury to the work constructed, or without the plantings, constructions or work being destroyed. (Article 447 by analogy) In relation to the Landowner
2.
3.
3. Right to remove materials so long as he can do so without injury to the work constructed, or without the plantings, constructions or work being destroyed (Art. 447) In relation to both BPS and the landowner 4. Right to demand payment for the value of his materials, plants or seeds used by BPS. (art 455)
5.
In case BPS cannot pay because of the absence of property, he may demand payment from the landowner who is subsidiarily liable (because L benefits from the materials) (Article 455)
The materials belong to him upon payment of their value (Art 447 by implication)
He has the right to receive indemnity if the owner chooses to appropriate the works, sowing or planting (Art 448 by implication) If L chooses to oblige the builder or planter to pay the proper rent, he has the right to refuse to pay if the value of land is considerable more than that of the bldg or the trees. In such case, he shall pay reasonable rent., which shall be agreed upon with L and in case of disagreement, the of the lease will be decided by the court. (Art 448 by implication)
In relation to both BPS and landowner
4.
If BPS pays OM, he may demand from the landowner the value of the materials and labor. (Article 455) in case L chooses to appropriate what he has built, planted or sown.
1.
Pay for the value of materials of OM (Art 447) 2. In case he cannot pay, he shall allow the OM to remove the materials without injury to the work constructed or without the plantings, constructions or work being destroyed In relation to the BPS
3.
He has the right to appropriate as his own the works, sowing or planting after payment of indemnity provided for in Art 546 and 548 (Article 448)
4.
Alternatively, he may oblige the one who built or planted to pay the price of the land or the one who sowed the proper rent. LIMITATION: he cannot oblige the builder or planter to pay the land if its value is considerably more than that of the bldg or trees. In such case, the BP shall pay reasonable rent, assuming he does not choose to appropriate the building or trees after proper indemnity. The parties shall agree upon the of the lease and in case of disagreement, the courts shall fix the thereof.(Art 448) In relation to both OM and landowner
5.
If BPS cant pay to OM, he is subsidiarily
RIGHT OF ACCESSION WITH RESPECT TO IMMOVABLE PROPERTY Owner of Materials (OM) Builder Planter Sower (BPS) Landowner (L) liable because he benefits from the materials. (art 455) Good Faith
Bad Faith:
Good Faith
In relation to BPS
In relation to L 1. BPS loses what is built , planted or sown without right to indemnity. (Art 449)
In relation to BPS
1.
He shall have the right to be paid the value of his materials plus damages. (Article 447 by analogy)
2.
In relation to BPS and L 2. He shall have the right to go after the landowner provided that L does not exercise rights under Art 450 against BPS in bad faith (Art 455)
He is entitled to reimbursement for the necessary expenses of preservation of the land.
1.
He may demand the demolition of the work, or that the planting, sowing be removed in order to replace things in their former condition at the expense of the BPS (art 450)
2.
He may also compel the BP to pay the price of the land, and the S to pay the proper rent (Art 450)
3.
He is entitled to damages from BPS
In relation to OM
3.
He shall pay the value of the materials plus damages. (Article 447)
In relation to BPS and OM
In relation to OM and BPS
4.
4.
He shall pay OM with the value plus damages. (Article 447). In case he cannot pay, L would be liable provided that L does not exercise his rights under Art 450
Good Faith
Bad Faith (if he occupies the land with the knowledge that it is owned by another)
Good Faith
Good Faith
He is subsidiarily liable to OM for the value of materials only (not damages!!!) provided he does not exercise his rights under Article 450 (demolition or destruction of what BPS in bad faith built, planted or sown). The reason is he does not benefit from the materials and in fact, repudiates said benefits. (Art 455 in relation to 450)
Bad Faith (the acts of the BPS were done with his knowledge and without opposition on his part)
DETERMINED AS THOUGH BOTH ACTED IN GOOD FAITH ( Art 453) Bad Faith:
RIGHT OF ACCESSION WITH RESPECT TO IMMOVABLE PROPERTY Owner of Materials (OM) Builder Planter Sower (BPS) Landowner (L) In relation to L
In relation to the landowner
In relation to the owner of materials in good faith
1.
He shall have the right to remove what he has built, planted or sown with right to be indemnified for damages (Article 454, which applies by analogy Art 447)
1.
In case, L takes/destroys what he has planted, built or sown, he shall have the right to demand payment of value plus damages. (Article 454, which applies by analogy Art 447)
In relation to the builder planter, sower in good faith
1.
Right to remove the materials even if it does injury to the work constructed or the plantings or construction or work. (Art 447)
2.
Right to be paid for the value plus damages (Art 447) In relation to BPS and landowner
2.
3. Right to demand payment from BPS. In case BPS insolvent, he may make L liable.
Bad Faith (if his materials were used with his knowledge and forbearance and without opposition on his part--Tolentino) In relation to BPS and L 1. He will lose his materials without right to indemnity. It is the same as if he himself had made the building or planting or sowing because it was done with his tacit consent.
Good faith 1. He is not obligated to pay for the value and damages. (By implication of Tolentino’s comments but this is questionable especially when viewed from the principle of unjust enrichment.)
Pay for the value of materials of OM (Art 447)
2.
Obliged to make reparations for damages to OM (Art 447)
1.
He shall pay damages in case BPS removes what was built, planted or sown
2.
He shall also pay the value of what BPS built, planted or sown plus damages in case he takes/destroys BPS’ work.
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