Civil Code Art. 447: Right of Accession

Statute: Civil Code
Article: Art. 447
Topic: Right of Accession GENERAL PROVISIONS
Book: BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
Title: TITLE II OWNERSHIP
Chapter: CHAPTER 2 Right of Accession GENERAL PROVISIONS
Formerly: Art. 360a of the old Civil Code
Year: 1949

The provision

The owner of the land who makes thereon, personally or through another, plantings, constructions or works with the materials of another, shall pay their value; and, if he acted in bad faith, he shall also be obliged to the reparation of damages. The owner of the materials shall have the right to remove them only in case he can do so without injury to the work constructed, or without the plantings, constructions or works being destroyed. However, if the landowner acted in bad faith, the owner of the materials may remove them in any event, with a right to be indemnified for damages. (360a)

Cases applying this article

Jose M. Bagtas, Jr. v. Court of Appeals & Edilberto Pasamon G.R. No. 50732
Jose Mas v. Timoteo Lanuza G.R. No. 2058

Related provisions in this Chapter

Civil Code, Art. 448 Right of Accession GENERAL PROVISIONS
Civil Code, Art. 446 Right of Accession GENERAL PROVISIONS
Civil Code, Art. 445 Right of Accession GENERAL PROVISIONS
Civil Code, Art. 449 Right of Accession GENERAL PROVISIONS
Civil Code, Art. 450 Right of Accession GENERAL PROVISIONS
Civil Code, Art. 451 Right of Accession GENERAL PROVISIONS

Civil Code, Art. 447 is found in CHAPTER 2 Right of Accession GENERAL PROVISIONS of TITLE II OWNERSHIP of BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS of the Civil Code of the Philippines (Republic Act No. 386).

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