LANDOWNERANDBUILDER, PLANTER, OR SOWER

OWNER OF MATERIALS

GOOD FAITH1. Acquire the building, planting, or sowing after paying indemnity for value. (447)

GOOD FAITH1. Remove them if there would be no injury to work constructed, or without plantings or constructions being destroyed; (447)2. Receive indemnity for value.

BAD FAITH1. Acquire after paying value and paying indemnity for damages. (447)

GOOD FAITH1. Remove in any event;2. Be indemnified for damages. (447)

GOOD FAITH1. Acquire without paying indemnity (by analogy with 449).BAD FAITH1. Lose them without right to indemnity (by analogy with 449)

BAD FAITHSame as though both acted in good faith.

BAD FAITHSame as though both acted in good faith.

ART. 447GOOD FAITH IN THE BUILDER lies in his belief that the materials belong to him and his ignorance of any defect or flaw in his title.BAD FAITH IN THE BUILDER lies in his knowledge of his lack of title and the absence of permission of the owner of the materials. GOOD FAITH IN THE OWNER OF THE MATERIALS lies in his ignorance of the Builders acts.BAD FAITH IN THE OWNER OF THE MATERIALS consists in allowing the use of the materials without protest.

ART. 448-458LANDOWNER

BUILDER, PLANTER, or SOWERandOWNER OF MATERIALS

GOOD FAITH1. Landowner has option to (Art. 448);a. Sell Land to Planter or builder or collect rent from sower.b. Acquire improvement upon paying indemnity. Indemnity to be either:I. Original cost of improvement (not ornaments) orII. Increase in value of whole (plus value) (NCC. 546, 548)

GOOD FAITH1. In (b), builder has right to retain until indemnity paid and cannot be required to pay rent.

GOOD FAITH1. Option to:a. Acquire improvements without paying indemnity and collect damages;b. Sell land to Builder, Planter or rent land to Sower, and collect damages in both cases; orc. Order demolition of work, or restoration to former condition and collect damages.2. Pay necessary expenses for preservation. (449, 450, 451)

BAD FAITH1. Lose them without right to indemnity;2. Recover necessary expenses for preservation of land;3. Pay damages to landowner.

BAD FAITH1. Landowner must indemnify builder for the improvements and pay damages;2. Cannot compel builder to buy land without Bs consent; otherwise, B could collect price as damages. (454, 447)

GOOD FAITH1. Remove them in any event; or2. Be indemnified for damages.

BAD FAITHSame as though both acted in good faith.

BAD FAITHSame as though both acted in good faith.

GOOD FAITH IN THE BUILDER lies in his belief that the land belongs to him, and his ignorance of defect or flaw in his title. GOOD FAITH OF THE OWNER lies in his ignorance of the builders acts, or belief that the builder has the right to construct. BAD FAITH IN THE BUILDER lies in his knowledge of his lack of title and absence of permission of landowner.