1. If a person erects a building, plantings, or other structures with their own materials on land they know belongs to another without the owner's consent, the landowner may request their removal at the erector's expense, together with compensation where warranted. If the removal is harmful to the land, the landowner may take ownership of them at their value as subject to removal, or pay an amount equal to the increase in the value of the land due to these structures. 2. If a person erects a building, plantings, or other structures with their own materials on land belonging to another with the owner's consent, or in the good faith belief that they have the right to do so, the landowner may not request their removal. The landowner shall have the choice to either pay the value of the materials and the cost of labour, or to pay the increase in the value of the land due to what has been created, unless the person who erected the building, plantings, or structures requests their removal and this does not harm the land. 3. If the structures have reached a degree of substantiality that would be burdensome for the landowner to pay what is due for them, the landowner may request to transfer ownership of the land to the person who erected the structures in exchange for fair compensation. 4. The court may, upon the request of the party obliged to pay consideration or compensation under the provisions of this Article, decide what it deems appropriate for payment, and it may in particular rule that payment be made in periodic instalments, provided that adequate guarantees are provided.
Interpretation and application must be checked against the official text and current version.
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