Art. 447. 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.
Discussion/Explination:
The rights and obligations of the owner of the land who uses the materials of another if the land owner acted in God faith he becomes the owner of the materials but he must pay for their value. The only exception is when they can remember without destruction to the work made or to the plants, and if in the bad faith, he becomes the owner of the materials but he must pay their value and damages although art. 447 do not define good faith or bad faith. We maybe analogy apply the definitions stated in art. 453 and 526.
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