DEFINITION RIGHTS and OBLIGATION

BUILDER, PLANTER AND Article 448 of the Civil Code, refers 1. Shall have the right to appropriate as his own the
SOWER IN GOOD FAITH to one who, not being the owner of the works sowing or planting, after paying indemnity to
land, builds on that land believing the person who had built on the owners land
himself to be its owner, builds on that 2. To comple the builder, planter, and sower to pay
land, believing himself/herself to be its the price of the land ( if builder or planter), or the
owner and unaware of the defect in rent ( if sower )
his/her title or mode of acquisition. The Note: it is very important to note that it is the owner who
essence of good faith lies in an honest akes the determination or choice. If does not make a
belief in the validity of one’s right, choice the parties remains status quo-Builder, Planter
ignorance of a superior claim, and and Sower remains the owner of that which
absence of intention to overreach built/planted/sowed.
another.
3. Builder, Planter and Sower also has the right of
There is no co-ownership. The retention over which was built/planted.sowed, and
owner owns the property (e.g. such right remains until the owner reimburses him
land), and the Builder, Planter, for the amount of expenses mentioned in article
Sower owns that which he built or 546 and 548
planted (e.g. building). 4. The Builder, Planter and Sower cannot be obliged
to pay the land if the value is considerably more
than that

BUILDER, PLANTER AND plants or sows in bad faith on the land of - The Builder, Planter, and Sower in Bad Faith is
SOWER IN BAD FAITH another, loses what is built, planted or obliged to remove the thing he introduced to the
sown without right to indemnity. land in order to replace things in their former
condition at his expense.
- He is not indemnified if the owner appropriate the
land
- He is compelled to purchase the land or pay the
proper rent for sower in bad faith
 However – Notwithstanding the badfaith on the part of the
Builder, Planter and sower, he is still:
- Is entitled to reimbursement for the necessary
expenses of preservation of land; and,
- Has the right to remove the materials as long as
there will be no damages to the land

DEFINITION Classification

RIGHTS OF ACCESSION 1. Accession is the right og an (a) Accession Discreta ( to the fruits )
“Art. 440 – The ownership of owner of a thing to the products 1. Natural fruits
the property gives the right of said thing as well as to 2. Industrial fruits
by accession to everything whatever is inseparably attached 3. Civil fruits
which is produced thereby, thereto as accessory (b) Accession Continua ( Attachment or
or which is incorporated or ( Sanchez Roman Vol. II, p. 89) Incorporation)
attached thereto, either 2. Accession is that by which 1. Real Property
naturally or artificially” property is given to a person in a. Accession industrial
addition to what said person (1) Building
already possesses, said natural (2) Planting
increase, like land, by deposit of (3) Sowing
a river; or houses, when built on b. Accession natural
one’s own land; or the young of (1) Alluvium
animals. ( Stimson’s Law (2) Avulsion
Dictionary ) (3) Change of course of rivers
3. Accession is the right which (4) Formation of islands
ownership of property gives over 2. Personal Property
everything which the same a. Adjunction or conjunction
produces, or which is attached or (1) Inclusion (engraftment)
incorporated thereto, naturally or (2) Soldadura (attachment)
artificially. ( Del Viso, Vol. II p. 33 (3) Tejido (weaving)
) (4) Pintura (painting)
(5) Escritura (writing)
 b. Mixture (confusion-liquids; commixtion-
solids)
c. Specification

RIGHTS OF ACCESSION IN GOOD FAITH IN BAD FAITH

Immovable 1. Owner of the land who uses the 1. He Owner of the land who uses the materials
Properties materials of another of another
Art. 445 – Whatever is built, He becomes the owner of the He becomes the owner of the materials but he
planted or sown on the land materials but he must pay for must pay their value and pay for damages.
of another and their value. Unless the materials
improvements or repairs can be removed without 2. The owner of the Materials used in the land
made thereon, belong to the destruction to the work made or by the landowner who acted in bad faith
owner of the land… to the plants, the owner of the Entitled to ABSOLUTE right of removal and
materials can remove them. damages
Entitled to reimbursement and damages ( in case
2. The owner of the Materials used he choose not to remove)
in the land by the landowner who
acted in good faith 3. On Growing Crops:
Entitled to reimbursement (a) If crops have already been gathered
Entitled removal - To return the value of the crops, or the crops
themselves minus the expenses essential for
3. In case of Appropriation their production, gathering, and preservation
The ownership of the thing built (b) If crops have not yet been gathered
on the land does not pass to the - Planter in bad faith completely forfeit them in
land owner until the payment of favor of the owner of the land, without any right to
indemnities to the builder in good indemnity
faith.
A builder may continue to enjoy 4. He who build, plants or sows on the land of
the thing built until the another, loses what is built, planted or sown
indemnities has been paid, but without right to indemnity.
should he pay the rent of the
portion of the land in favor of the 5. Builder is enemy Country
 owner till the indemnities has
been paid. The improvements thereon / buildings should not
belong to the owner of the land since the civil
4. If landowner sells or in any other code concerning industrial accession are not
way alienates the land designed to regulate relations between private
If the new owner did not include persons and a sovereign belligerent.
the payment of the improvements
thereon, he is liable to the builder
in good faith for the
indemnification
If the new owner has paid
including the improvements built
thereon, the previous landowner
shall be liable to the indemnity in
favor of the builder

Movable Properties
If the thing is incorporated or If the thing incorporated or attached to another
1. Adjunction – it is the attached to another to make a thing to make a new or as a whole, the person
process by virtue of new or as a whole, the owner of acted in bad faith loses his right over the thing he
which two movable the other thing added shall be incorporated and will pay for damages
things belonging to indemnify for the value of the
different owners are thing added.
united in such a way
that they form a
single object

2. Mixtures – which is
the combination or If the mixture is caused by one If the mixture is made by one owner in Bad Faith
union of materials owner in good faith, or both the 1. He loses his material ( in favor of the other)
where the respective will of both owners, or by chance, 2. He is liable for damages
identities of the or by common agent, then CO-
 component elements OWNERSHIP results, each
are lost owner acquiring an interest or
right proportional to the value of
his material.
RIGHTS OF ACCESSION PRINCIPAL Accessory
To which it has been united as an All other things to be incorporated to be lesser in
ornament for its use or perfection value, volume, merits shall be considered
Greater value accessories.
Greater volume
Greater merits
Good Faith 1. Ornaments 1. Ornaments
Owns the new thing incorporated Choose between payment from the owner of the
by the accessory however paying principal thing or the accessory thing belonging to
the latter the value for the thing him be separated
introduced Right to be indemnified

2. Making of a different kind of 2. Making a different kind of thing

thing Shall be indemnified
Can appropriate the thing as his 3. Worker
own Indemnified for the materials plus damages
If principal thing has greater Can appropriate the work without paying for the
value over a new thing created, labor
he may, at his option, appropriate
the new thing to himself, after
paying indemnity for the value of
work, or demand indemnity for
the material

3. Worker
Appropriates the new thing
BAD FAITH 1. Ornaments 1. Ornaments
Payment of indemnity in favor of The owner of the accessory thing has made in
the owner of the accessory and bad faith loses the thing incorporated and
loses the right over the principal indemnify the owner of the principal thing for
thing if the latter choose to damages he may have suffered
separate the thing incorporated

2. Worker
Loses the right to be paid and
shall pay for damages