Landowner Builder/Planter/Sower Owner of Materials

(LO) (BPS) (OM)

BPS on One’s Own Land with Materials Belonging to Another
Good faith Good faith
a. Can appropriate what a. May be entitled to the
he has BPS; return of the materials
b. Instead of b. May be entitled to the
appropriating the payment of the value
materials and paying of the materials
for their value, he/she
may return the same
to OM if can be
returned without
causing damage to the
land;
c. Cannot be liable for
damages;
d. Must pay the value of
the materials;

If both acted in bad faith, both should be considered as having acted in good faith and the legal
effects discussed above will apply.
Bad faith Good faith
a. Liable for damages a. Demand the value of
and other unfavorable his materials plus
consequences damages; or
b. Damand the return of
his accessory thing in
any event even if
injury is cause thereby
to the land at the
expense of the LO
plus damages.
Good faith Bad faith
a. Loses his materials
and without any right
whatsoever and even
liable for damages to
the LO
BPS with One’s Own Materials on the Land of Another
Good faith Good faith Good faith
a. The landowner may appropriate as his own what has been BPS after payment of
necessary, useful, and ornamental expenses; or
b. Oblige the one who BP to pay the price of the land and the one who sowed the proper
rent;
Note: The BP cannot be obliged to buy the land if its value is considerably more than that of

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the building or trees. In such case, he shall pay reasonable rent if the owner of the land does
not choose to appropriate the building or trees after proper indemnity.
The options are given to the landowner.
**BPS is also the owner of the materials
Good faith Bad faith Bad faith
a. May demand a. Loses what is bps
demolition of the without right to
work; indemnity;
b. That the planting or b. Entitled to
sowing be removed in reimbursement for the
order to replace things necessary expenses of
in their former the preservation of the
condition at the land;
expense of the person *BPS is also the owner of the
who bps; or materials
c. He may compel the
bps to pay the price of
the land and the sower
the proper rent;
d. Entitled to damages
BPS on the Land of Another with Materials Belonging to a Third Person
Good faith Good faith Bad faith
a. Can claim what has a. May claim from the b. Loses his materials
been BPS on his land LO a reasonable without any right
without any obligation compensation for his whatsoever;
to indemnify the labor. c. Liable for damages;
owner of the materials
Good faith Good faith Good faith
Subsidiarily liable to pay the BPS is primarily liable to pay He must be paid the value of
value of the materials the OM without damages. the materials

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