Where the plantations, constructions and works have been made by a third party and with materials belonging to the latter, the owner of the land has the right, subject to the provisions of paragraph 4, either to retain ownership of them or to oblige the third party to remove them.
If the owner of the land requires the removal of the constructions, plantations and works, it shall be carried out at the expense of the third party, without any compensation for him; the third party may, in addition, be ordered to pay damages for any loss suffered by the owner of the land.
If the owner of the land prefers to retain ownership of the constructions, plantations and works, he must, at his option, reimburse the third party either a sum equal to that by which the land has increased in value, or the cost of materials and the price of labour estimated at the date of reimbursement, taking into account the condition in which the said constructions, plantations and works are found.
If the plantations, constructions and works have been made by an evicted third party who has not been ordered, on the grounds of good faith, to return the fruits, the owner may not demand the removal of the said works, constructions and plantations, but shall have the option of reimbursing the third party for either of the sums referred to in the previous paragraph.