Q: Summarize the rules when a landowner-builder/planter/sower makes constructions

with the materials of another.

.
Landowner – Builder/Planter/Sower (LO- Owner of Materials (OM)
BPS)
A. Good Faith Good Faith
Provided there is full payment, LO-BPS can OM may:
acquire the materials. 1. Be entitled to full payment for value of
materials; or
2. Remove materials, provided no
substantial injury to work is done.
B. Bad Faith Good Faith
LO-BPS can acquire the materials, provided OM may:
there is full payment plus damages. 1. Be entitled to full payment for value of
materials, plus damages; or
2. Remove materials, even if there is
substantial injury to work done, plus
damages.
C. Good Faith Bad Faith
LO-BPS may: OM:
1. Acquire the materials, without paying 1. Loses materials, without indemnity;
for the value; and and
2. Be entitled to damages due to defects 2. Will be liable for damages due to
or inferior quality of materials. defects or inferior quality of materials.
D. Bad Faith Bad Faith
Same as A. Same as A.

Q: Discuss the rules when a builder, planter, or sower sows on the land of another.

Landowner (LO) Builder/Planter/Sower (BPS)

A. Good Faith
Option 1: Purchase whatever has been built,
planted, or sown after paying indemnity, which
includes:
1. Necessary expenses;
2. Useful expenses;
3. And Luxurious expenses, if the
landowner wants to appropriate the
luxurious improvements.
Option 2: Oblige the builder/planter to buy the
land or the sower to pay the proper rent.
Note: Unless the value of the land is
considerably more than that of the building or
trees.
Good Faith
Rights of the BPS:
1. Recieve indemnity for necessary,
useful, and luxuiours expenses;
2. Right of retention over the land
without obligation to pay rent until full
payment of indemnity;
3. Remove useful improvements,
provided it does not cause any injury;
4. Remove luxurious improvements, if
LO does not appropriate and provided
that there is no injury to the principal
thing.
Rights of the BPS:
1. To purchase the land at fair market
value, when value is not considerably
more than that of the building or trees;
Note: If BPS cannot pay purchase price of

B. Good Faith
Option 1: Acquire whatever has been built,
planted or sown plus damages, without paying
indemnity, except:
1. Necessary expenses for preservation
of land; and
2. Luxurious expenses, should LO want
to acquire luxurious improvements).
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.
C. Bad Faith
To acquire whatever has been built, planted or
sown by paying indemnity plus damages.
land, LO can require the BPS to remove
whatever has been built, planted, or sown.
2. If the value of land is considerably
more than that of the building or trees,
BPS cannot be compelled to buy the
land and will instead pay reasonable
rent if LO does not choose Option 1.
Note: If BPS cannot pay the rent, LO can
eject the BPS from the land.
Bad Faith
Effects:
1. Loses whatever has been built,
planted or sown without indemnity
2. Entitled to reimbursement for
necessary expenses for preservation
of land but no right of retention.
3. Entitled to reimbursement for useful
expenses but cannot remove useful
improvements even if removal will not
cause injury.
4. Not entitled to reimbursement for
luxurious expenses except when LO
wants to acquire luxurious
improvements (value of which will be
the one at the time LO enters into
possession).
5. Entitled to remove luxurious
improvements if it will not cause injury
and LO does not want to acquire
them; and
6. Liable to pay damages.
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.
Note: If LO does not acquire whatever has
been built, planted or sown, BPS cannot
insist on purchasing land.
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.
 D. Bad Faith Bad Faith
Same as A. Same as A.