Text of the provision
Art. 448. The owner of the land on which anything has been built, sown or planted in good faith, shall have the right to appropriate as his own the works, sowing or planting, after payment of the indemnity provided for in articles 546 and 548, or to oblige the one who built or planted to pay the price of the land, and the one who sowed, the proper rent. However, the builder or planter cannot be obliged to buy the land if its value is considerably more than that of the building or trees. In such case, he shall pay reasonable rent, if the owner of the land does not choose to appropriate the building or trees after proper indemnity. The parties shall agree upon the terms of the lease and in case of disagreement, the court shall fix the terms thereof.
(361a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
When someone builds, plants, or sows in good faith on another's land, the landowner chooses: appropriate the improvement after paying indemnity (Arts. 546 and 548), or oblige the builder/planter to buy the land (or the sower to pay rent). The builder cannot be forced to buy if the land is worth considerably more than the building; then a forced lease is fixed by agreement or the court. One of the most litigated articles in property law.
Questions about this provision
Related provisions
- Article 447 — Landowner Building With Another's Materials.
- Article 449 — Builder in Bad Faith Loses Everything.
Cases citing this article
- Ophelia L. Tuatis vs. Spouses Eliseo Escol and Visminda Escol, et al, G.R. No. 175399, October 27, 2009 — read the decision on LawPhil →
- Leviste Management System, Inc,. vs. Legaspi Towers 200, Inc., and Vivian Y. Locsin and Pitong Marcorde/ Legaspi Toweres 200, Inc. vs. Leviste Management System, Inc., et al, G.R. No. 199353 / G.R. No. 199389, April 4, 2018 — read the decision on LawPhil →
- Communities Cagayan, Inc. vs. Sps. Arsenio (deceased) and Angeles Nanol, et al, G.R. No. 176791, November 14, 2012 — read the decision on LawPhil →
- Onesimo Agapito vs. Marilyn F. Agapito, G.R. No. 255157, July 4, 2022 — read the decision on LawPhil →
- Sulo sa Nayon, Inc. and/or Philippine Village Hotel, Inc. et al. vs. Nayong Filipino Foundation, G.R. No. 170923, January 20, 2009 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.