ART.

447

LANDOWNER
AND OWNER OF MATERIALS
BUILDER, PLANTER, OR SOWER

GOOD FAITH GOOD FAITH

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

BAD FAITH GOOD FAITH

1. Acquire after paying value and paying indemnity for 1. Remove in any event;
damages. (447) 2. Be indemnified for damages. (447)

GOOD FAITH BAD FAITH

1. Acquire without paying indemnity (by analogy with 1. Lose them without right to indemnity (by analogy
449). with 449)

BAD FAITH BAD FAITH

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

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 Builder’s acts.

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 until indemnity
a. Sell Land to Planter or builder or collect rent paid and cannot be required to pay rent.
from sower.
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 indemnity;
a. Acquire improvements without paying 2. Recover necessary expenses for preservation of
indemnity and collect damages; land;
b. Sell land to Builder, Planter or rent land to 3. Pay damages to landowner.
Sower, and collect damages in both cases; or
c. Order demolition of work, or restoration to
former condition and collect damages.
2. Pay necessary expenses for preservation. (449, 450,
451)

BAD FAITH GOOD FAITH

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

BAD FAITH BAD FAITH

Same as though both acted in good faith. Same as though both acted in good 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 builder’s 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.