LAND OWNER (OL) BUILDER, PLANTER OR SOWER OWNER OF THE MATERIAL

(B,P,S) (OM)

Good faith Good faith Good faith

Right to appropriate as his own the work, sowing
or planting and pay the BPS indemnity (necessary
and ornamental exp.); OR
If does not choose to appropriate, Sell the land to
B or P except if the value of the land is
considerably more than the building or trees (in
which case demand the proper rent; or demand
the sower the proper rent
Right of retention for necessary
and useful expenses
Pay the value of the materials
to the owner of materials.
Right to receive the value of
the materials primarily from
the BPS and subsidiarily from
OL; OR
Right to remove without
injury to the work

Good faith Good faith Bad faith

Right to appropriate as his own the work, sowing
or planting and pay the BPS indemnity (necessary
and ornamental exp.); OR
If does not choose to appropriate, Sell the land to
B or P except if the value of the land is
considerably more than the building or trees (in
which case demand the proper rent); or demand
the sower the proper rent /forced leased
Right of retention for necessary lose the materials or its value
and useful expenses without right of imdemnity
keep building, planting or swing
without indemnity to the owner
of materials and collect
damages

No subsidiary liability for the payment of cost of

material.

Good faith Bad faith Bad faith

Right to appropriate as his own the work, sowing Recovery necessary expenses Recover value of the
or planting without paying indemnity and with a for preservation of the land materials from the BPS (as if
right to be indemnified. OR (452) both acted in GF)

Demand the demolition of the work or the planting Lose whatever has been built, If the BPS acquired the
or sowing be removed at the expense of the BPS sown or planted without right improvement, OM may
with a right to be indemnified.; OR of reimbursement. Unless the demand the removal of
OL sells the land. material if done without
Compel the BPS to pay the price of the land, and injury.
the sower the proper rent. With a right to be
indemnified. (450)

LAND OWNER (OL) BUILDER, PLANTER OR SOWER OWNER OF THE MATERIAL

(B,P,S) (OM)

Bad faith Good faith Good faith

acquire the improvement after paying indemnity Remove the materials in any may remove the materials in
and reparation for damages to the BPS event any event
 subsidiary liable to the owner of the materials Be indemnified for damages. collect the value of the
materials primarily from the
BPS

Bad faith Bad faith Good faith

Right to appropriate as his own the work, sowing Right of retention for necessary Collect the value of the
or planting and pay the BPS indemnity (necessary expenses materials primarily from the
and ornamental exp.); OR BPS
Pay value of materials to the
If does not choose to appropriate, Sell the land to owner of materials and pay him Collect damages
B or P except if the value of the land is damages
considerably more than the building or trees (in If BPS acquired the
which case demand the proper rent); or demand improvement, right to
the sower the proper rent /forced leased remove materials in any
event.
Subsidiary liable to the owner of the materials

Good faith Bad faith Good faith

Right to appropriate as his own the work, sowing Recovery of necessary expenses Collect the value of the
or planting without paying indemnity and with a materials primarily from the
right to be indemnified. OR Lose improvements without BPS
right of retention from the LO,
Demand the demolition of the work or the planting unless LO sell the land to him Collect damages
or sowing be removed at the expense of the BPS
with a right to be indemnified.; OR If BPS acquired the
improvement, right to
Compel the BPS to pay the price of the land, and remove materials in any
the sower the proper rent. With a right to be event.
indemnified.

Pay necessary expenses to BPS

Subsidiary liable to the owner of the material n

Bad faith Good faith Bad faith

Right to appropriate as his own the work, sowing Remove improvements in any Lose materials
or planting and pay the BPS indemnity (necessary event plus indemnity
and ornamental exp.);

BSP in GF: ignorance of the ownership of another

OL or OM in GF: ignorance of the acts of BSP or if with knowledge, there was opposition on her part.