RIGHT OF ACCESSION WITH RESPECT TO IMMOVABLE PROPERTY

Owner of Materials (OM) Builder Planter Sower (BPS) Landowner (L)

Good Faith Good Faith Good Faith

In relation to BPS In relation to OM In relation to the owner of the materials

1. He shall have the right to demand payment 1. The materials belong to him upon payment 1. Pay for the value of materials of OM (Art
for materials used. (Art 447 by analogy) of their value (Art 447 by implication) 447)
2. In case he cannot pay, he shall allow the
2. He shall have the right to remove his In relation to L OM to remove the materials without injury to
materials provided that it would not cause injury the work constructed or without the plantings,
to the work constructed, or without the 2. He has the right to receive indemnity if the constructions or work being destroyed
plantings, constructions or work being owner chooses to appropriate the works, sowing
destroyed. (Article 447 by analogy) or planting (Art 448 by implication) In relation to the BPS

In relation to the Landowner 3. If L chooses to oblige the builder or planter 3. He has the right to appropriate as his own
to pay the proper rent, he has the right to refuse the works, sowing or planting after payment of
3. Right to remove materials so long as he to pay if the value of land is considerable more indemnity provided for in Art 546 and 548
can do so without injury to the work than that of the bldg or the trees. In such case, (Article 448)
constructed, or without the plantings, he shall pay reasonable rent., which shall be
constructions or work being destroyed (Art. agreed upon with L and in case of 4. Alternatively, he may oblige the one who
447) disagreement, the terms of the lease will be built or planted to pay the price of the land or
decided by the court. (Art 448 by implication) the one who sowed the proper rent.

In relation to both BPS and the landowner In relation to both BPS and landowner LIMITATION: he cannot oblige the builder or
planter to pay the land if its value is
4. Right to demand payment for the value of 4. If BPS pays OM, he may demand from the considerably more than that of the bldg or
his materials, plants or seeds used by BPS. (art landowner the value of the materials and labor. trees. In such case, the BP shall pay
455) (Article 455) in case L chooses to appropriate reasonable rent, assuming he does not
what he has built, planted or sown. choose to appropriate the building or trees
5. In case BPS cannot pay because of the after proper indemnity. The parties shall
absence of property, he may demand payment agree upon the terms of the lease and in case
from the landowner who is subsidiarily liable of disagreement, the courts shall fix the terms
(because L benefits from the materials) (Article thereof.(Art 448)
455)
In relation to both OM and landowner

5. If BPS cant pay to OM, he is subsidiarily

liable because he benefits from the materials.
 RIGHT OF ACCESSION WITH RESPECT TO IMMOVABLE PROPERTY
Owner of Materials (OM) Builder Planter Sower (BPS) Landowner (L)
(art 455)

Good Faith Bad Faith: Good Faith

In relation to BPS In relation to L In relation to BPS

1. BPS loses what is built , planted or sown
1. He shall have the right to be paid the value without right to indemnity. (Art 449) 1. He may demand the demolition of the
of his materials plus damages. (Article 447 by work, or that the planting, sowing be removed in
analogy) 2. He is entitled to reimbursement for the order to replace things in their former condition at
necessary expenses of preservation of the the expense of the BPS (art 450)
In relation to BPS and L land.
2. He may also compel the BP to pay the
2. He shall have the right to go after the In relation to OM price of the land, and the S to pay the proper rent
landowner provided that L does not exercise (Art 450)
rights under Art 450 against BPS in bad faith 3. He shall pay the value of the materials plus
(Art 455) damages. (Article 447) 3. He is entitled to damages from BPS

In relation to BPS and OM In relation to OM and BPS

4. He shall pay OM with the value plus 4. He is subsidiarily liable to OM for the value
damages. (Article 447). In case he cannot pay, L of materials only (not damages!!!) provided he
would be liable provided that L does not does not exercise his rights under Article 450
exercise his rights under Art 450 (demolition or destruction of what BPS in bad
faith built, planted or sown). The reason is he
does not benefit from the materials and in fact,
repudiates said benefits. (Art 455 in relation to
450)

Good Faith Bad Faith (if he occupies the land with the Bad Faith (the acts of the BPS were done with his
knowledge that it is owned by another) knowledge and without opposition on his part)

DETERMINED AS THOUGH BOTH ACTED IN GOOD FAITH ( Art 453)

Good Faith Good Faith Bad Faith:

In relation to L In relation to the landowner In relation to the owner of materials in good faith
 RIGHT OF ACCESSION WITH RESPECT TO IMMOVABLE PROPERTY
Owner of Materials (OM) Builder Planter Sower (BPS) Landowner (L)
1. He shall have the right to remove what he 1. Pay for the value of materials of OM (Art
1. Right to remove the materials even if it has built, planted or sown with right to be 447)
does injury to the work constructed or the indemnified for damages (Article 454, which 2. Obliged to make reparations for damages
plantings or construction or work. (Art 447) applies by analogy Art 447) to OM (Art 447)

2. Right to be paid for the value plus 2. In case, L takes/destroys what he has In relation to the builder planter, sower in good faith
damages (Art 447) planted, built or sown, he shall have the right to
demand payment of value plus damages. 1. He shall pay damages in case BPS
In relation to BPS and landowner (Article 454, which applies by analogy Art 447) removes what was built, planted or sown

3. Right to demand payment from BPS. In 2. He shall also pay the value of what BPS
case BPS insolvent, he may make L liable. built, planted or sown plus damages in case he
takes/destroys BPS’ work.

Bad Faith (if his materials were used with his Good faith
knowledge and forbearance and without opposition
on his part--Tolentino) 1. He is not obligated to pay for the value and
damages. (By implication of Tolentino’s comments
In relation to BPS and L but this is questionable especially when viewed
from the principle of unjust enrichment.)
1. He will lose his materials without right to
indemnity. It is the same as if he himself had
made the building or planting or sowing
because it was done with his tacit consent.