Civil Code, Article 553 — Improvements No Longer Existing

What this article means

A person who recovers possession need not pay for improvements that have ceased to exist by the time he actually takes the thing back.

The rule follows from a simple practical reality: an improvement that physically no longer exists generates no present benefit for the person recovering possession, so there is nothing left to compensate the former possessor for. This differs from situations where the improvement still stands at the time possession is recovered, which are addressed by the surrounding provisions on how a possessor is reimbursed for existing improvements; Article 553 instead removes the question of payment altogether once the improvement itself has ceased to exist.

Questions about this provision

• Can I demand payment for improvements I made to property I was possessing if those improvements no longer exist when I return it?

Related provisions

• Article 552 — Liability For Loss Or Deterioration.
• Article 554 — Presumption Of Continuous Possession.

Cases interpreting this article

• Authorities on this article will be added here as each is verified against primary sources.