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Property Rights and Obligations

This document summarizes different rights and obligations under Philippine property law depending on whether parties acted in good or bad faith. It outlines scenarios where a landowner built on another's land, or where an owner of materials built on another's land. Generally, parties acting in good faith have rights to reimbursement, while those in bad faith may be liable for damages or forced to remove structures.

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John Marti Maghopoy
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318 views1 page

Property Rights and Obligations

This document summarizes different rights and obligations under Philippine property law depending on whether parties acted in good or bad faith. It outlines scenarios where a landowner built on another's land, or where an owner of materials built on another's land. Generally, parties acting in good faith have rights to reimbursement, while those in bad faith may be liable for damages or forced to remove structures.

Uploaded by

John Marti Maghopoy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
  • LandOwner Rights and Obligations
  • Builder, Planter, Sower Rights and Obligations

Who Good Faith-Good Faith Good Faith-Bad Faith Bad Faith-Good Faith

LandOwner Reimburse the owner of No reimbursement (no No rights


materials (if he opts not provision of law on
to remove them) this) + entitled to
damages
Owner of Material May remove materials if No rights Absolute right of
no substantial injury to removal or
the work constructed is reimbursement +
caused. entitled to damages
LandOwner 2 options: 3 options: No rights
1. Appropriate for 1. Get possession of
himself the building (with the
2. Compel builder to buy payment of necessary
land (except if expenses only for the
substantial difference in preservation of the
prices, if so, pay land)
reasonable rent)
2. Compel builder to
buy land regardless of
price difference plus
damages

3. Demand demolition
of building at builders
expense plus damages
Builder, Planter, Sower Right to be paid for the Reimbursement of 2options:
value of building (if necessary expenses 1.Compel Landowner
option 1 chosen by for the preservation of to buy the house plus
Landowner) the land ONLY (If damages
option 1 chosen by 2.May destroy or
Landowner) remove house plus
damages

Art. 447- materials

Art 448- builder sower planter good faith

Art 449- builder planter sower bad faith

Art 450- builder planter sower in bad faith, landowner may force removal or demolition

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