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If the value of land is considerably more than that of the building or trees, BPS cannot be
compelled to buy the land. In such case, BPS will pay reasonable rent if LO does not
choose Option 1.
If BPS cannot pay the rent, LO can eject BPS from the land.
B. GOOD FAITH BAD FAITH
Option 1: To acquire whatever has Loses whatever has been built, planted or sown without indemnity and liable to pay
been built, planted or sown without damages.
paying indemnity except necessary
expenses for preservation of land and Entitled to reimbursement for necessary expenses for preservation of land but no right of
luxurious expenses (should LO want to retention.
acquire luxurious improvements) plus
damages. Entitled to reimbursement for useful expenses but cannot remove useful improvements
even if removal will not cause injury.
Not entitled to reimbursement for luxurious expenses except when LO wants to acquire
luxurious improvements (value of which will be the one at the time LO enters into
possession).
Entitled to remove luxurious improvements if it will not cause injury and LO does not
want to acquire them.
Option 2: To oblige BP to buy land or Obliged to pay for land or proper rent and pay damages.
S to pay proper rent plus damages.
Option 3: To compel BPS to remove Obliged to remove or demolish work done at his expense and pay damages.
or demolish work done plus damages.
C. BAD FAITH GOOD FAITH
To acquire whatever has been built, If LO acquires whatever has been built, planted or sown, BPS must be indemnified the
planted or sown by paying indemnity value thereof plus damages.
plus damages.
(If LO does not acquire whatever has been built, planted or sown, BPS cannot insist on
purchasing land).
BPS can remove whatever has been built, planted or sown regardless of whether or not it
will cause injury and will be entitled to damages.
D. BAD FAITH BAD FAITH
Same as A. Same as A.
Rules when landowner (LO), builder/planter/sower (BPS) and owner of the materials (OM) are 3 different persons:
MODES OF EXTINGUISHMENT
CO-OWNERSHIP POSSESSION USUFRUCT EASEMENTS
1. Judicial partition 1. Abandonment of the 1. Death of the usufructuary, 1. Merger in the same person of the
2. Extrajudicial thing unless a contrary intention owner of the dominant & servient
partition 2. Assignment made to appears estate
3. Prescription in another by 2. Expiration of the period for w/c it 2. Non-use for 10 years
favor of co- onerous/gratuitous was constituted, or fulfillment of 3. The easement cannot be used &
owner title resolutory condition sufficient time for prescription has
4. Prescription in 3. Destruction or total 3. Merger of usufruct & ownership elapsed
favor of a loss of the thing, or in same person 4. Expiration of the term or fulfillment of
stranger because it goes out of 4. Renunciation of the usufructuary the condition
5. Merger in 1 co- commerce 5. Total loss of the thing in usufruct 5. Renunciation of the owner of the
owner 4. Possession of another 6. Termination of the right of the dominant estate
6. Destruction/loss for more than a year person constituting the usufruct 6. Redemption agreed upon bet. the
7. Expropriation (but for real right of 7. Prescription owners of the dominant & servient
possession, 10 years) 8. Annulment estates
5. Final judgment in 9. Rescission 7. Expropriation of servient estate
favor of another with 10. Mutual withdrawal 8. Abandonment of the servient estate
a better right 11. Legal causes ending legal 9. Permanent impossibility to make use of
6. Expropriation usufruct the easement
7. Recovery or 12. When usufructuary is a town 10. Annulment, rescission or cancellation of
reivindication by the that has been abandoned or a the title that constituted the easement
legitimate owner or corporation or association that 11. Resolution of the right of the grantor to
possessor has been dissolved (max 50 create the easement
years) 12. Registration of the servient estate as
free (although the servient estate was
registered under the Torrens system,
the easement thereon was not
registered)
13. In case of legal easement of right of
way, the opening of an adequate outlet
to the highway extinguishes the
easement, if the servient owner makes
a demand for such extinguishment