- Statute
- Civil Code
- Article
- Art. 450
- Topic
- Right of Accession GENERAL PROVISIONS
- Status
- In force
- Book
- BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
- Title
- TITLE II OWNERSHIP
- Chapter
- CHAPTER 2 Right of Accession GENERAL PROVISIONS
- Formerly
- Art. 363a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
The owner of the land on which anything has been built, planted or sown in bad faith may demand the demolition of the work, or that the planting or sowing be removed, in order to replace things in their former condition at the expense of the person who built, planted or sowed; or he may compel the builder or planter to pay the price of the land, and the sower the proper rent. (363a)
Intellegal Wiki · In plain terms
When someone builds, plants, or sows in bad faith on another's land, the landowner may require the work demolished or the plants removed at the bad-faith party's expense to restore the land, or may instead force the builder or planter to buy the land (and the sower to pay proper rent). The choice belongs to the landowner.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Bank of the Philippine Islands v. Vicente Victor C. Sanchez G.R. No. 179518
- Government Service Insurance System (Gsis) v. The Province of Tarlac G.R. No. 157860
- Emilio Bugatti v. Court of Appeals G.R. No. 138113
- Spouses Elegio Cañezo v. Spouses Apolinario G.R. No. 170189
- Susan Bance v. Spouses Nemesio G.R. No. 254544