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Persons Concerned/Involved: (1) Land Owner (LO) (2) Owenr of Materials (OM)

Land Owner (LO)

No.

Good Faith (GF)/


Bad Faith (BF)

(1)

Land Owner in Good Faith,


Owner of Materials in Good
Faith

(a) Right to appropriate after paying the value.


(b) Owner can remove the materials, if removal will not cause injury to his
property or to the materials.

(2)

(Both in
Land Owner = BF
BF = Both
in GF) = GF
Owner
of materials

(a) Right to appropriate after paying value plus damages; and


(b) Owner can remove materials regardless of
the damage it may cause to the property or to the materials; plus damages

(3)

Land Owner = GF
Owner of materials = BF

(a) Exempted from reimbursement; and


(b) Entitled to consequential damages.
Persons Concerned/Involved: (1) Land Owner (LO) (2) Builder (B)

No.

Good Faith (GF)/


(BF)

Land Owner (LO)

(1)

Land Owner (BF)/(GF) Builder


(BF)/(GF) Presumed to be
both in GF

(a) Appropriate house as his own after paying indemnity;


(b) Compel the builder to buy the land, unless
the value of the land be considerably more than the value of the house, in which
case REASONABLE RENT should be paid. If B fails to pay, no right of retention. LO
is entitled to removsl of the building.

(2)

Land Owner (GF)


Builder
(BF)

(a) Appropriate house as his own after paying indemnity (necessary expenses
must be made/paid; entitled to damages.;
(b) Demand demolition at the expense of the builder plus
damages;
(c) Compel builder or planter to pay the price of the
land plus damages (if sower, the proper RENTS should be paid whether or not the
value of the land is considerably more than the value of the building plus
damages.

(3)

Land Owner (BF)


Builder
(GF)

(a) Becomes the owner of the materials but must pay the value plus damages.

Bad Faith

(b) Removal of material regardless of damage (materials will go


to the builder).

s Concerned/Involved: (1) Land Owner (LO) (2) Owenr of Materials (OM)


Owner of Materials (OM)
(a) Entitled to reimbursement (provided no removal by the LO).
(b) Entitled to removal
(by whom) (provided no substantial injury is caused).
(a) Entitled to reimbursement plus damages; and
(b) Absolute removal plus damages.
(a) Loses rights to materials, such as the right of removal.
(b) No reimbursement.

Persons Concerned/Involved: (1) Land Owner (LO) (2) Builder (B)


Builder
(a) Right to payment of indemnity (includes necessary, useful, luxurious)
(b) May remove if no damage shall be incurred.

(a) Loses what is built, planted or sown without indemnity (except


necessary expenses);
Liability for damages

(a) Entitled for reimbursement plus damages;


(b) Absolute removal of the building plus damages.

(b)

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