STUDY GUIDE II Arts.

443 457
1. Differentiate/Reconcile why in Art. 443, a builder, or
planter or sower who is in Bad Faith is entitled to
reimbursement (production, gathering & preservation
expenses), while in Art. 449, the same builder, planter or
sower does not enjoy the same right to reimbursement,
and will lose whatever he builds, or plants without right of
indemnity from the landowner?
2. Know the Basic Legal Principles re ACCESSION CONTINUA
3. Give a summary of the legal consequences as to liabilities, or other property rights of builder, planter or
sower in bad faith, in a case where the landowner is in
good faith?
4. Know the answers to the following under Art. 448:
a) What are the two legal options of the landowner under the Art. 448?
b) If the landowner elects to appropriate the building, what are the rights of the buyer/builder in
good faith before she is reimbursed for the price of her building house?
c) If the landowner in good faith elects to appropriate the house, can builder in good faith insist
that she be allowed by the court to just pay off her balance for the price of the land since the
value of her building is considerably higher than that of the land?
d) If the landowner elects to appropriate the house, but later, due to bad financial decisions in
her businesses, she could no longer afford to pay the price of the building, can the Court
allow the landowner to change her option and instead elect to sell the land to the builder?
e) Assume that - the landowner first opted to sell the land to the builder while the case was
pending in court. But shortly, the area where the lot is located had been re-zoned as
commercial land and a 2-lane, 8-meter wide cement road was constructed. The value of the
lot has greatly increased due to the commercial land rezoning and infrastructures
improvements. What will be the price to be paid for the land - is it the present or current fair
market value, or the original contract price with legal interest?
f)

Can the landowner compel the builder to buy the land if its value is now considerably more
than the building?

g) Can the landowner validly compel the buyer to simply demolish and remove the latters
building from the land if the landowner has no desire to get the house nor sell the land to the
builder? .

5. What are the Rights of Accession to Immovable Property

by the parties involved in the following situations or
cases?
I. 1ST CASE: ART. 447 Landowner is the builder or planter,
in good or bad faith, and uses the materials of another
person
* Art. 454 - Landowner is in bad faith & builder or planter
is in good faith (same right as material owner in good
faith)
II. 2nd CASE : ART. 448 - Builder or planter builds, plants,
sows on anothers land using his own materials.
Builder & Landowner are both in good faith ( relate to
Arts. 546, 548)
* Art. 453 - Landowner & builder/planter are both in bad
faith;
III. 3rd CASE : ART. 450 Rights of landowner in good faith
if builder or planter, is in bad faith (relate to Arts. 449,
451, 452; Arts. 546, 548)
IV. 4th CASE: ART. 455 Rights of Owner of Materials as
against the Landowner, &/or Builder or Planter