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Owner of land has two options against builder in good faith

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Dear PAO,I found out that the kitchen of my neighbor was constructed on a portion (15 square meters, more or less) of my unoccupied lot. I demanded the demolition of his kitchen, or else I would sue him. He offered to purchase the lot, claiming he built his kitchen in good faith.

Dear PAO,I found out that the kitchen of my neighbor was constructed on a portion of my unoccupied lot. I demanded the demolition of his kitchen, or else I would sue him. He offered to purchase the lot, claiming he built his kitchen in good faith. We agreed to have the portion appraised by an expert, and the recommended price is P15,000 per square meter. I told my neighbor of my decision to sell the portion of the land to him, but he claimed that he had no funds to pay the high price.

, this Court ruled that the seller has two options under Article 448: he may appropriate the improvements for himself after reimbursing the buyer the necessary and useful expenses under Articles 546 and 548 of the Civil Code; or he may sell the land to the buyer, unless its value is considerably more than that of the improvements, in which case, the buyer shall pay reasonable rent, thus:'The rule that the choice under Article 448 of the Civil Code belongs to the owner of the land is in...

Of Land Has Two Options Against Builder In Good Faith

 

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