Wednesday, October 12, 2011

Article 453 of civil code of the Philippines



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Art. 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.

This article applies only to sales made in violation of the home stead law, so that if a buyer buys a homestead within the period when it cannot yet be brought, both he and the seller are in bad faith so both can be considered in good faith regarding what has been built, planted or own.

Article 451 of civil code of the Philippines

Art. 451. In the cases of the two preceding articles, the landowner is entitled to damages from the builder, planter or sower.
If you plant and grow crops on the farm of your neighbor knowing full well that the farm is not yours, what are your right with reference to the crops if your neighbor is in good faith, if the crops have been gathered then you have to return the value of the crops or the crops themselves minus the expenses essential for their production, gathering and preservation