Concept of An Owner in Bad Faith – Builder Planter Sower

Article 448. The owner of the land on which anything has been built, sown or
planted in good faith, shall have the right to appropriate as his own the works,
sowing or planting, after payment of the indemnity provided for in articles 546
and 548, or to oblige the one who built or planted to pay the price of the land,
and the one who sowed, the proper rent. However, the builder or planter
cannot be obliged to buy the land if its value is considerably more than that of
the building or trees. In such case, he shall pay reasonable rent, if the owner
of the land does not choose to appropriate the building or trees after proper
indemnity. The parties shall agree upon the terms of the lease and in case of
disagreement, the court shall fix the terms thereof.

Article 449. He who builds, plants or sows in bad faith on the land of another,
loses what is built, planted or sown without right to indemnity.

Article 546. Necessary expenses shall be refunded to every possessor; but

only the possessor in good faith may retain the thing until he has been
reimbursed therefor.

Useful expenses shall be refunded only to the possessor in good faith with the
same right of retention, the person who has defeated him in the possession
having the option of refunding the amount of the expenses or of paying the
increase in value which the thing may have acquired by reason thereof. (453a)

Article 547. If the useful improvements can be removed without damage to

the principal thing, the possessor in good faith may remove them, unless the
person who recovers the possession exercises the option under paragraph 2
of the preceding article. (n)

Article 548. Expenses for pure luxury or mere pleasure shall not be refunded
to the possessor in good faith; but he may remove the ornaments with which
he has embellished the principal thing if it suffers no injury thereby, and if his
successor in the possession does not prefer to refund the amount expended.
(454)

Article 549. The possessor in bad faith shall reimburse the fruits received and
those which the legitimate possessor could have received and shall have a
right only to the expenses mentioned in paragraph 1 of article 546 and in
article 443. The expenses incurred in improvements for pure luxury or mere
pleasure shall not be refunded to the possessor in bad faith, but he may
remove the objects for which such expenses have been incurred, provided
that the thing suffers no injury thereby, and that the lawful possessor does not
prefer to retain them by paying the value they may have at the time he enters
into possession.

Article 443. He who receives the fruits has the obligation to pay the expenses
made by a third person in their production, gathering, and preservation

Article 453. If there was bad faith, not only on the part of the person who built,
planted or sowed on the land of another, but also on the part of the owner of
such land, the rights of one and the other shall be the same as though both
had acted in good faith.

It is understood that there is bad faith on the part of the landowner whenever
the act was done with his knowledge and without opposition on his part.
1. Builder Planter Sower on Another’s Land In Bad Faith but Owned the
Materials
(Art. 443, 448, 449, 453, 548, 549)

 Loses what has been built, planted or sown (Art.449)

 Must pray the price of the land or the rent plus damages (Art. 448)
 Must remove luxurious improvements if it will not cause injury and landowner
does not want to acquire them (Art. 548)
 Shall reimburse the fruits received and those which the legitimate possessor
could have received (Art. 549)
 If landowner is also in bad faith, the rights of one and the other shall be the
same as though both acted in good faith (Art. 453)
Entitlements (Art. 443, 546, 547, 548, 549)
 Entitled to reimbursement for necessary expenses for the preservation of the
land but has no right of retention (Art. 546)
 Not entitled to reimbursement for useful expenses and cannot remove the
useful improvements even if the removal will not cause any injury (Art. 546,
547)
 Not entitled to reimbursement for luxurious expenses except when the
landowner acquires the luxurious improvements, the value of which is the one
at the time the landowner enters possession (the depreciated value) (Art. 547)
 Entitled to expenses, if applicable, for the production, gathering and
preservation of fruits (Art. 443)

2. Builder Planter Sower In Bad Faith on the Another’s Land but 3 rd Person
Owned Materials (Art. 443, 448, 449, 453)

 Loses what has been built, planted or sown (Art. 449)

 To pay the price of the land or sower to pay rent plus damages (Art. 448)
 Shall reimburse the fruits received and those which the legitimate possessor
could have received (Art. 549)
 If landowner is also in bad faith, the rights of one and the other shall be the
same as though both acted in good faith (Art. 453)

Entitlements (Art. 443, 546, 547, 548, 549)

 Entitled to be indemnified for necessary expenses with no right of retention
(Art. 546)
 Entitled to luxurious expenses should the landowner acquire luxurious
ornaments (Art. 548)

 Entitled to expenses, if applicable, for the production, gathering and

preservation of fruits (Art. 443)