Table of Rights and Obligations

ART. 447 LANDOWNER AND BUILDER, PLANTER, OR SOWER

OWNER OF MATERIALS

GOOD FAITH

GOOD FAITH

1. Acqu Acquir ire e the the buil buildi ding ng,, plan planti ting ng,, or sowi sowing ng 1. $emove them them if there there would would be no in%ur in%ury y after paying indemnity for value. !!"# to work constructed, or without plantings or constructions being destroyed& !!"# '. $eceive eceive inde indemni mnity ty for for value. value. BAD FAITH

1. Acquire Acquire after after paying paying value value and payin paying g indemnity for damages. !!"# GOOD FAITH

1. Acquire Acquire without without payin paying g indemni indemnity ty by analogy with !!)#.

GOOD FAITH

1. $emov emove e in any any eve event nt&& '. Be indemni( indemni(ed ed for for damages. damages. !!"# !!"# BAD FAITH

1. *ose them witho without ut right right to to indemnit indemnity y by analogy with !!)#

BAD FAITH

BAD FAITH

+ame as though both acted in good faith.

+ame as though both acted in good faith.

GOOD FAITH IN THE BUILDER  lies in his belief that the materials belong to him and his

ignorance of any defect or aw in his title. BAD FAITH IN THE BUILDER  lies in his knowledge of his lack of title and the absence of

permission permission of the owner of the materials. GOOD FAITH IN THE OWNER OF THE MATERIALS  lies in his ignorance of the Builder’s acts. BAD FAITH IN THE OWNER OF THE MATERIALS  consists in allowing the use of the materials

without protest.

ART. 448-458

LANDOWNER

BUILDER, PLANTER, or SOWER and OWNER OF MATERIALS

GOOD FAITH

GOOD FAITH

1. *andowner has option to Art. !!#& 1. n b#, builder has right to retain until a. +ell *and to -lanter or builder or indemnity paid and cannot be required to collect rent from sower. pay rent. b. Acquire improvement upon paying indemnity. ndemnity to be either/ . 0riginal cost of improvement not ornaments# or . ncrease in value of whole plus value# 22. 3!4, 3!# GOOD FAITH

BAD FAITH

1. 0ption to/ 1. *ose them without right to indemnity& a. Acquire improvements without paying '. $ecover necessary e5penses for indemnity and collect damages& preservation of land& b. +ell land to Builder, -lanter or rent 7. -ay damages to landowner. land to +ower, and collect damages in both cases& or c. 0rder demolition of work, or restoration to former condition and collect damages. '. -ay necessary e5penses for preservation. !!), !36, !31# BAD FAITH

GOOD FAITH

1. *andowner must indemnify builder for the 1. $emove them in any event& or improvements and pay damages& '. Be indemni(ed for damages. '. 2annot compel builder to buy land without B’s consent& otherwise, B could collect price as damages. !3!, !!"# BAD FAITH

BAD FAITH

+ame as though both acted in good faith.

+ame 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 aw in his title. GOOD FAITH OF THE OWNER  lies in his ignorance of the builder’s 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.