section 2306
Construction or plantation in the property of another
The Portuguese Civil Code, 1867If the owner of any materials seeds or plants carries out in the land of another, construction works or cultivation or plantation, and if he is in possession of the said land in his own name in good faith and with just title, the following shall be observed. § 1 – If the total value which the said works, cultivation or plantation have given to the property where they were carried out is greater than the value which it had before, the true owner shall only have the value which the property had before the said works cultivation or plantation or the value which it would have at the time of eviction as he may desire. § 2 – If the value given is equal there shall be licitation between the earlier owner and the person who carries out the construction, cultivation or plantation in the manner laid down in the Article 2301. § 3 – If the value given is less, the construction works cultivation or plantation shall belong to the owner of the land with the duty to compensate the person who has done the same for the value which they may have at the stage of eviction.
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