Landowner-Builder/Planter/Sower

Owner of Materials

Good faith

Good faith

LO-BPS can acquire the materials provided

there is full payment

Bad faith
Acquire the materials provided he pays full
payment plus damages

Entitled to full payment for value of materials,

or
May remove materials provided there is no
substantial injury to work done

Good faith
Entitled to full payment for value of materials
plus damages, or
Remove materials even if there will be
substantial injury to work done plus damages

Good faith

Bad faith

Acquire materials without paying for the value

thereof and entitled to damages due to
defects or inferior quality of materials

Loses materials without indemnity and will be

liable for damages due to defects or inferior
quality of materials

Bad faith

Bad faith

Same as when both are in good faith.

Landowner
Good faith
Option 1: Purchase whatever has been built,
planted, or sown after paying indemnity which
includes necessary, useful and luxurious expenses
(if he wishes to appropriate the luxurious expenses)

Builder/planter/sower
Good faith
Receive indemnity for necessary, useful and
luxurious expenses (depends on landowner) with
right of retention over the land without obligation
to pay rent until full payment of indemnity

Prohibited from offsetting or compensating the

necessary and useful expense with the fruits
received by the BP in good faith (Nuguid case)

Remove useful improvement provided it does not

cause any injury (part of right of retention)
If LO does not appropriate luxurious
improvements, BPS can remove the same
provided there is no injury to the principal thing
(land or building)
Right of retention only applies when LO chooses
to appropriate (but does not apply if property of
public dominion)

Option 2: To oblige the BP to buy the land or the S

to pay the proper rent unless the value of the land is
considerably more than that of the building or trees

To purchase land at fair market value at time of

payment when value is not considerably more
than that of the building or trees
To pay rent until the purchase has been made
(Technogas case)
If BPS cannot pay purchase price of the land, LO
can require BPS to remove whatever has been
built, planted, or sown.
If the value of the land is considerably more than
that of the building or trees, BPS cannot be
compelled to buy the land. In such case, BPS will
pay reasonable rent if LO does not choose option
1.
If BPS cannot pay the rent, LO can eject BPS
from the land.

Good faith
Option 1: To acquire whatever has been built,
planted or sown without paying indemnity except
necessary expenses for preservation of land and
luxurious expenses (should LO want to acquire
luxurious improvement) plus damages

Bad Faith
Loses whatever has been built, planted or sown
without indemnity and liable to pay damages
Entitled to reimbursement for necessary
expenses for preservation of land but no right to
retention
Entitled to reimbursement for useful expenses but
cannot remove useful improvements even if
removal will not cause injury
Not entitled to luxurious expenses except when

LO wants to acquire (value of which will be the

one at the time LO enters into possession)

Option 2: To oblige BP to buy land or S to pay

proper rent plus damages
Option 3: To compel BPS to remove or demolish
work done plus damages
Bad Faith
Acquire whatever has been built, planted or sown
by paying indemnity plus damages

Entitled to remove luxurious improvements if it

will not cause injury and LO does not want to
acquire them
Obliged to pay for land or proper rent and pay
damages
Obliged to remove or demolish work done at his
expense and pay damages
Good Faith
If LO acquires whatever has been built, planted
or sown, BPS must be indemnified the value
thereof plus damages
If LO does not acquire, BPS cannot insist on
purchasing land

Bad Faith
Both in good faith

BPS can remove whatever has been built,

planted or sown regardless of whether or not it
will cause injury and will be entitled to damages
Bad Faith

Landowner
Good Faith
Option 1: To acquire whatever
has been built, planted or
sown provided there is
payment of indemnity (which
includes value of what has
been built, planter or sown
plus value of materials used)
Option 2: To oblige BP to buy
land or S to pay rent unless
value of land is considerably
more than that of building or
trees

Builder/Planter/Sower
Good Faith
To receive indemnity from
LO with right of retention
over land until full payment

Owner of the Materials

Good Faith
To receive indemnity from BPS who
is primarily liable for materials; if
BPS is insolvent, to proceed against
LO who is subsidiarily liable with no
right of retention

To buy land or to pay proper

rent

To receive indemnity from BPS only

(LO is not subsidiarily liable) with
right of retention until full payment; or

Good Faith

Good Faith

Good Faith
Option 1: To acquire whatever
has been built, planted or
sown without paying
indemnity except for
necessary expenses for
preservation of land and
luxurious expenses (should
LO want to acquire luxurious
improvements) plus damages

Bad Faith
BPS loses what has been
built, planted or sown plus
liable for damages but is
entitled to be indemnified for
necessary expenses and
luxurious expenses (should
LO want to acquire luxurious
improvements) and has no
right of removal even if
removal will not cause
damage

Same

Option 2: To oblige BP to buy

the land or S to pay proper
rent plus damages
Option 3: To oblige BP to
demolish or remove what has
been built, planted or sown
plus damages
Bad Faith
To acquire what has been
built, planted or sown by
paying indemnity plus liable to
pay damages
Bad Faith
Same

To buy the land or pay

proper rent and liable to pay
damages to LO
To demolish or remove what
has been built, planted or
sown and liable for damages
Good Faith
To receive indemnity from
LO plus damages
Good Faith
Same

To remove materials if there will be

no injury on building or trees and will
have material lien against BPS for
payment of materials
Bad Faith
Whatever is the choice of LO, the
OM:
1. loses the materials in favor of the
BPS and
2. will have no right to receive
indemnity from BPS nor LO
Bad Faith
(Since both BPS and OM are in bad
faith, treat them both as if they are in
good faith.)
Whatever is the choice of the LO,
OM has right to receive indemnity for
value of materials from BPS only (LO
has no subsidiary liability for value of
materials because OM is considered
in good faith only insofar as BPS is
concerned)
OM has no right to remove materials
even if there will be no injury or
damage
OM has right of removal provided
there will be no injury or damage
Liable to pay damages due to
defects or inferior quality of materials
Good Faith
TO receive indemnity of materials
principally from BPS and in case
BPS is insolvent, subsidiarily from
LO
Bad Faith
No right to receive indemnity for
value of materials from BPS nor LO
(who ends up owning buildings or
trees)

Alluvion
Deposit of soil is gradual
Deposit of soil belongs to the owner
of the property where the same was
deposited
The soil cannot be identified

Avulsion
Deposit is sudden or abrupt
The owner of the property from which a part
was detached retains the ownership thereof
Detached portion can be identified

Rights of Owner of Principal

Good Faith
Acquires the accessory, indemnifying the
owner of the value thereof

Rights of Owner of Accessory

Good Faith
Loses the accessory but has a right to indemnity for
the value of the accessory

Except: When value of accessory is much

more precious than the principal thing (469)

Has a right to demand separation even if it causes

injury to the principal thing (469)

Except: When still separable, may demand

separation (no adjunction anyway)
Good faith
Acquires the accessory and has a right to
indemnity for damages he may have suffered
Bad faith
Pays for the accessory plus damages

May demand separation (469(

Separate thing even if it is destroyed plus pay

damages
Bad Faith
As if both are in good faith

Option 2: Demand separation even if it causes the

destruction of the principal thing plus damages
Bad Faith

Bad faith
Loses the thing and has liability for damages
Good faith
Option 1: Demand the owner of the principal to pay
for the value of the accessory plus damages

Owner who caused mixture

Good faith or by chance

Owner of the thing mixed into

Good faith or by chance

Each owner acquires a right proportional to

the part belonging to him, bearing in mind
the value of the things mixed or confused

Each owner acquires a right proportional

to the part belonging to him, bearing in
mind the value of the things mixed or
confused
Good faith
Acquires the thing mixed plus entitled to
damages

Bad faith
Loses the thing mixed or confused plus
liable to pay damages

Owner of material
Good faith
Right to indemnification for the value of the
material.

Builder
Good faith
Shall appropriate the thing thus transformed as
his own, indemnifying the owner of the material
for its value.

Except: Material more precious than transformed

thing.
To be indemnified.
Option 1: Appropriate the new thing to himself,
indemnifying the builder for his work.
Option 2: Demand indemnity for the material.
Good faith
Option 1: Appropriate the work to himself without
paying indemnity. (Damages also?)
Except: When for artistic or scientific reasons, the
thing has a value considerably higher than the
material. The owner of the material cannot
appropriate the work.
Option 2: Demand indemnity for material plus
damages.

Appropriate the same after indemnity for

material.
Bad faith
Loses his work. No right to indemnity.
Pay for the materials and damages.

Must pay indemnity and damages.

Adjunction
At least two things

Mixture
At least two things

Component parts retain or

preserve their nature

Things mixed may or may

not retain their respective
original nature
Co-ownership results

Accessory follows principal

Specification
May be only one ting whose form
is changed
Component parts retain or
preserve their nature
Accessory follows principal