Civil Code (Cap. 16), article 568

568. Where the owner of a land has made thereon constructions, plantations, or works with materials belonging t o others, he shall be bound to pay t he value of such materials, a nd, in case of bad faith, to pay also damages and interest; but the ow ner of the materials shall not have the right of taking them back unle ss he can do so without destroying the work so constructed, or causin g the plantation to perish. Constructions, etc., made by third party in possession with his own materials,