BPS Table

Case 1: Landowner is BPS using material of another Landowner and BPS Good faith  Right to ACQUIRE the improvements after paying the VALUE of materials.

Bad faith  ACQUIRE BPS after paying its VALUE and paying INDEMNITY for damages (Article 447) but subject to OM’s right to remove Good faith  Right to ACQUIRE the improvements without paying indemnity  Right to acquire indemnity for damages if there are hidden defects known to OM Bad faith  Same as though acted in good faith under Article 453

Owner of Material Good faith  LIMITED RIGHT OF REMOVAL if there would be no injury to work constructed, or without plantings or constructions being destroyed. (Article 447)  Right to receive payment for value of materials Good faith  Right to receive payment for value of materials  ABSOLUTE RIGHT OF REMOVAL of the work constructed in any event  Right to be indemnified for damages Bad faith  LOSE materials without right to indemnity

Bad faith  Same as though acted in good faith under Article 453

Case 2: BPS builds, plants, or sows on another’s ; and using his own materials Landowner BPS and Owner of Material Good faith Good faith  Landowner has OPTION to:  BPS has right to retain (right of retention) the land a. ACQUIRE the improvement after paying until the payment of indemnity indemnity which may be the original cost of improvement OR increase in value of the NOTE: During this period BPS is not required to pay whole brought about by the improvement rent. b. SELL the land to the BP or collect RENT from sower UNLESS value of land is more than the thing built, planted or sown or BP shall pay rent fixed by parties or by the court in case of disagreement. NOTE: Landowner can be forced to choose under pain of direct contempt OR court can choose for him.  Court may authorize another to make the choice; execution of judgment (Rule 39) Good faith  Landowner has right to collect DAMAGES in any case and OPTION to: a. ACQUIRE improvements without paying indemnity if the improvements are still standing on the land b. SELL the land to BP or collect RENT from the sower unless value of the improvements in which case there will be a forced lease c. Order DEMOLITION of improvements or restoration 0f land to its former condition at the expense of the BPS

Bad faith  Pay damages to landowner  BPS lose materials without right to indemnity  No right to refuse to buy the land  Recover necessary expenses for preservation of land



Landowner must pay for necessary expenses for preservation Bad faith  Landowner must indemnify BPS for the improvements and pay damages as if he himself did the BPS  Landowner has NO OPTION to sell the land and cannot compel BPS to buy the land unless BPS

Good faith  BPS has right to : a. Be indemnified for damages b. Remove all improvements in any event (Absolute right of removal)

agrees to Bad faith  Same as though acted in bad faith under Article 453

Bad faith  Same as though acted in bad faith under Article 453

Case 3: BPS builds, plants or sows on another’s land with materials owned by third persons Landowner BPS Owner of Material Good faith Good faith Good faith  Right to acquire  Right of retention until  Collect value of material improvements and pay necessary and useful primarily from BPS and indemnity to BPS; expenses are paid subsidiarily liable for subsdiarily liable to OM landowner if BPS is  Pay value of materials to insolvent  Has option to: OM  Limited right of removal a. Sell land to BP except if the value of the land is considerably more b. Rent to sower Good faith Good faith Bad faith  Right to acquire  Right of retention until  Lose the material without improvements and pay necessary and useful right to indemnity indemnity to BPS expenses are paid.  Must pay for damages to  Has option to:  Keep BPS without BPS a. Sell land to BP except if indemnity to OM and the value of the land is collect damages from him considerably more b. Rent to sower  Without subsidiary liability for cost of materials Good faith Bad faith Bad faith  Landowner has right to  Recover necessary  Recover value from BPS (as collect damages in any expenses for preservation if both are in good faith) case and option to: of land from landowner  If BPS acquires a. Acquire improvements unless landowner sells land improvement, remove w/o paying for materials if feasible w/o indemnity; or injury b. Demolition or  No action against restoration; or landowner but liable to c. Sell to BP, or to rent to landowner for damages sower  Pay necessary expenses to BPS Bad faith Bad faith Bad faith  Same as when all acted in  Same as when all acted in  Same as when all acted in good faith under Article good faith under Article good faith under Article 453 453 453 Bad faith Good faith Good faith  Acquire improvement after  May remove improvements  Remove materials if paying indemnity and possible w/o injury  Be indemnified for damages to BPS unless  Collect value of materials damages in any event latter decides to remove from BPS; subsidiarily from  Subsidiarily liable to OM for landowner value of materials Bad faith Bad faith Good faith  Acquire improvements after  Right of retention until  Collect value of materials indemnity; subsidiarily necessary expenses are primarily from BPS and liable to OM for value of paid subsidiarily from landowner materials  Pay value of materials to  Collect damages from BPS  Has option to: OM and pay him damages  If BPS acquires a. Sell the land to BP improvements, remove except if the value of

the land is considerably more b. Rent to sower Good faith  Acquire improvement after paying indemnity; subsidiarily liable to OM  Landowner has option to: a. Sell land to BP except if value of land is considerably more b. Rent to sower Bad faith  Acquire improvements and pay indemnity and damages to BPS unless latter decides to remove materials

materials in any event Bad faith  Right of retention until necessary expenses are paid  Pay value of materials to OM  Pay damages to OM Good faith  Receive indemnity for damages  Absolute right of removal of improvements in any event

Good faith  Collect value of materials primarily from BPS and subsidiarily from landowner  Collect damages from BPS  If BPS acquires improvements, absolute right of removal in any event Bad faith  No right to indemnity  Loses right to material

Alluvion v. Avulsion Alluvion The process of soil deposit on the land of the riparian owner is gradual and imperceptible. The soil deposit is NOT identifiable. The alluvio belongs to the owner of the land to which the soil had been deposited. The ownership granted to the riparian owner is automatic.

Avulsion The process is sudden and abrupt, causing the segregation of a portion of land from one estate and transferring it to another estate. The property detached is known or identifiable. The ownership of the detached property is retained by the owner, subject to the removal thereof within 2 years from the detachment. The ownership of the detached property is not automatically vested in the owner of the tenement to which it was attached.

ACCESSION OVER MOVABLES a. Conjunction or Adjunction

There is accession by adjunction only when the two things united cannot be separated without injury to them. It is necessary that: 1) That the two things belong to different owners 2) That they form a single object, or that their separation would impair their nature. NOTE: component part preserves its nature Primary factors to determine the principal and the accessory (Article 467): (INTENT as consideration) 1) The thing which is incorporated to another thing as an ornament is the accessory. The other is the principal. 2) The thing which is added to or joined to another for the use or perfection of the latter is the accessory. The other is the principal. Secondary factors to determine the principal and the accessory (Article 468): 1) The thing of greater value shall be considered as principal. (VALUE as consideration) 2) If they happen to be of equal value, the one with greater volume shall be considered as principal. (VOLUME as consideration) 3) Special criteria: “In painting and sculpture, writings, printed matter, engraving and lithographs, the board, metal, stone, canvas, paper or parchment shall be deemed the accessory thing.” The law gives more importance to the work done rather than on the things where the work has been done. The work is the result of an intellectual prowess and acumen which is beyond pecuniary estimation.

i.

Inclusion or engraftment

ii.

Soldadura or soldering (a) Plumbatura – different metals (b) Ferruminatio –Same metal

iii. iv. v.

Tejido or weaving Escritura or writing Pintura or painting

b.

Commixtion and Confusion

1) Confusion – this results when liquids belonging to different owners got mixed by agreement or by chance. 2) Commixtion – this results when the solid matters are mixed by agreement or by chance. NOTE: there is greater interpenetration, and even decomposition, of things mixed.

c.

Specification

Specification – giving of a new form to a material belonging to another person through the application of labor or industry. The material used is transformed into another thing or is changed in identity.