CIVIL LAW II
PROPERTY
I
Page 234
A constructed a house on the land belonging to B in the belief that the land
was his own. Upon discovering the fact, B demanded that A should pay him
the value of the land, but A failed to do so.
failure to pay the automatically make B the owner of the
house by right of accession? Explain.
B. What remedies are available to the parties? Discuss.
A. Did A’s
II
Page 232
A builder constructed in good faith a house on the land
of X. X elected to appropriate the house and bound himself to
pay the proper indemnities. Before the indemnities are given
—
(a) May the builder retain the house?
(b) Is the builder entitled to the rents that accrue in the
meantime (in case the building is leased to another)?
(c) Is the builder entitled to the fruits that will accrue during
the time he retains the premises?
(d) Is the owner of the land entitled to collect rent from the
builder while the latter retains the house?
III
Page 235
If the landowner elects to compel the builder to buy the
land, is the builder entitled to the right of retention?
ANS.: No, because he is the one required to pay. Had
the landowner chosen to appropriate the building but has not
yet paid the indemnity, the answer would be otherwise. (See
Bernardo v. Bataclan, 37 O.G. 1382).
IV
When is Art. 448 applicable?
When is it not applicable?
I.
Where Article 448 also applies?
II. Rule if landowner refuses to make the choice? How does it work.
III. A public service corporation entered X's land with the intention of
expropriating the same, and immediately began to undertake constructions
thereon. X merely stood by, without any protest. Is X allowed to get back his
property and the constructions thereon? What is his remedy/ies
IV. 246
Rule in case the landowner sells or in any other way alienates the land
If the landowner sells or in any other way alienates the land in favor of a
stranger, against whom will the builder have a right of action? (against the
original owner or against the new owner)
V. 247
A built on B's land with the latter's consent. The land was later sold to C.
Can C be entitled to the building without giving the proper indemnities?
VI. 247
What if the original landowner had not yet made his choice (appropriation
or compulsory sale) at the time he sold the land to the new owner?
VII. 256
If you plant and grow crops on the farm of your neighbor knowing fully well
that the farm is not yours, what are your rights with reference to the crops if
your neighbor is in good faith?