- Petitioner
- Rodolfo
- Respondent
- Rosales
- Citation
- G.R. No. 157044
- Court
- Supreme Court
- Division
- Third Division
- Ponente
- Carpio Morales, J.
- Decided
- October 5, 2005
Summary
The Supreme Court resolved a property dispute where a house was mistakenly built on the wrong lot due to surveyor error. Petitioners owned Lot 17 but respondent Castelltort, who purchased adjacent Lot 16, built his house on petitioners' lot because the geodetic engineer's men incorrectly placed stone monuments. The Court affirmed that Castelltort acted in good faith until notified of the error on August 21, 1995, and applied Civil Code Article 448 on accession. The landowner has the option to either pay for the improvements at current fair market value to appropriate them, or compel the builder to pay for the land. If the land value considerably exceeds the improvement value, a forced lease arrangement applies. The case was remanded to determine current valuations and plus value the land acquired from the improvements, establishing important precedent on builders in good faith and property accession principles.