Accession
Encyclopedia
Accession has different definitions depending upon its application. In Property law
, it is a mode of acquiring property
that involves the addition of value to property through labor or the addition of new materials. In English Common law, the added value belonged to the original property's owner, unless James says otherwise. In Modern Common law
, if the property owner allows the accession through bad faith, the adder of value is entitled to damages or title to the property. If the individual who adds value to the owner's chattel (personal property) is a trespasser or does so in bad faith, the owner retains title and the trespasser cannot recover labor or materials. The owner of the chattel may seek conversion damages for the value of the original materials plus any consequential damages. Alternatively, the owner may seek replevin
(return of the chattel). However, the owner may be limited to damages if the property has changed its nature by accession. For example, if a finder discovers a gemstone and in good faith believes it to be abandoned and then cuts it and integrates it into a work of art, the true owner may be limited to recovery of damages for the value of the gemstone, but not of the final art piece by way of replevin. The remedies and application of the law vary by legal jurisdiction
.
The following has been retained, but may need further clarification.
Accession might also be (from Lat. accedere, to go to, approach), in law
, a method of acquiring property
adopted from Roman law
(see: accessio
), by which, in things that have a close connection with or dependence on one another, the property of the principal draws after it the property of the accessory, according to the principle, accessio cedet principali. Accession may take place either in a natural way, such as the growth of fruit or the pregnancy of animals, or in an artificial way. The various methods may be classified as (i) land to land by accretion or alluvion
; (2) moveables to land (fixtures); (3) moveables to moveables; (4) moveables added to by the art or industry of man; this may be by specification, as when a new "species" or thing is made out of a pre-existing thing (e.g. when wine is made out of grapes), or by confusion (when two things are inseparably mixed together and one cannot tell which is the principal and which is the accessory), or commixture, which is the mixing together of substances but where the mixture is separable. In the case of industrial accession ownership is determined according as the natural or manufactured substance is of the more importance, and, in general, compensation is payable to the person who has been dispossessed of his property.
Where X built on X's land using Y's materials, X owned the house since it acceded to X's land. Y would be capable of laying ONE of two actions if X was in good faith (bonas fides) in using Y's materials, but TWO actions if X was in bad faith (mala fides). These actions were (i) the vindicatio for the materials and (ii) the actio de tigno, which would recoup twice the value of the materials. Additionally, Y would also have an action against a third party if that third party stole the materials.
Where X built on Y's land using X's materials, Y owned the house since it acceded to Y's land. If in bad faith, X was presumed to have made a gift of the materials to Y and would thus have no action. If X was in good faith, and additionally was in legal possession of the house, then any vindicatio brought by Y could be defeated by X using the defence of fraud (exceptio dolus malus) until Y paid X for the materials. It is possible that if X was in good faith, then X could remove items that would not damage the building, e.g. gates. This was known as the ius tolluendi and was possibly established under Justinian.
Buckland, in his Textbook of Roman Law, discusses a third situation where X builds on Y's land using Z's materials. In such a situation, Buckland suggests that in relation to Y, X should be treated as though an XYX situation has occurred, and in relation to Z, as though an XXZ situation has occurred.
In Roman Law, there was no consistency. Everything was decided on a casuistic basis. The Physical Identity test was the dominant test, i.e. the principal is that which gives its name to the final product and the accessory is that which has its identity merged and lost in the identity of the other. However, there are a number of special cases with special, and rather idiosyncratic rules, which are as follows:
Property law
Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...
, it is a mode of acquiring property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
that involves the addition of value to property through labor or the addition of new materials. In English Common law, the added value belonged to the original property's owner, unless James says otherwise. In Modern Common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, if the property owner allows the accession through bad faith, the adder of value is entitled to damages or title to the property. If the individual who adds value to the owner's chattel (personal property) is a trespasser or does so in bad faith, the owner retains title and the trespasser cannot recover labor or materials. The owner of the chattel may seek conversion damages for the value of the original materials plus any consequential damages. Alternatively, the owner may seek replevin
Replevin
In creditors' rights law, replevin, sometimes known as "claim and delivery," is a legal remedy for a person to recover goods unlawfully withheld from his or her possession, by means of a special form of legal process in which a court may require a defendant to return specific goods to the...
(return of the chattel). However, the owner may be limited to damages if the property has changed its nature by accession. For example, if a finder discovers a gemstone and in good faith believes it to be abandoned and then cuts it and integrates it into a work of art, the true owner may be limited to recovery of damages for the value of the gemstone, but not of the final art piece by way of replevin. The remedies and application of the law vary by legal jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
.
The following has been retained, but may need further clarification.
Accession might also be (from Lat. accedere, to go to, approach), in law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, a method of acquiring property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
adopted from Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
(see: accessio
Accessio
Accessio is a concept from Ancient Roman property law that decided ownership of an object or work that is somehow related to another object or work; one thing is considered the principal, and the other is considered to be an accession or addition to it. In general the owner of the principal thing,...
), by which, in things that have a close connection with or dependence on one another, the property of the principal draws after it the property of the accessory, according to the principle, accessio cedet principali. Accession may take place either in a natural way, such as the growth of fruit or the pregnancy of animals, or in an artificial way. The various methods may be classified as (i) land to land by accretion or alluvion
Alluvion
' is a term describing the increase in the area of land due to sediment deposited by a river. This changes the size of a piece of land and thus its value over time.-See also:*Alluvial fan*Alluvial plain...
; (2) moveables to land (fixtures); (3) moveables to moveables; (4) moveables added to by the art or industry of man; this may be by specification, as when a new "species" or thing is made out of a pre-existing thing (e.g. when wine is made out of grapes), or by confusion (when two things are inseparably mixed together and one cannot tell which is the principal and which is the accessory), or commixture, which is the mixing together of substances but where the mixture is separable. In the case of industrial accession ownership is determined according as the natural or manufactured substance is of the more importance, and, in general, compensation is payable to the person who has been dispossessed of his property.
Accession in relation to land
The general principle was that everything acceded to the land, since the land was the principal.Buildings (Inaedificatio)
Ownership of the house was considered distinct from ownership of the materials used to make the house. Owners of the materials were permitted to vindicate the materials upon demolition of the house, but the demolition of the house was forbidden by the Twelve Tables.Where X built on X's land using Y's materials, X owned the house since it acceded to X's land. Y would be capable of laying ONE of two actions if X was in good faith (bonas fides) in using Y's materials, but TWO actions if X was in bad faith (mala fides). These actions were (i) the vindicatio for the materials and (ii) the actio de tigno, which would recoup twice the value of the materials. Additionally, Y would also have an action against a third party if that third party stole the materials.
Where X built on Y's land using X's materials, Y owned the house since it acceded to Y's land. If in bad faith, X was presumed to have made a gift of the materials to Y and would thus have no action. If X was in good faith, and additionally was in legal possession of the house, then any vindicatio brought by Y could be defeated by X using the defence of fraud (exceptio dolus malus) until Y paid X for the materials. It is possible that if X was in good faith, then X could remove items that would not damage the building, e.g. gates. This was known as the ius tolluendi and was possibly established under Justinian.
Buckland, in his Textbook of Roman Law, discusses a third situation where X builds on Y's land using Z's materials. In such a situation, Buckland suggests that in relation to Y, X should be treated as though an XYX situation has occurred, and in relation to Z, as though an XXZ situation has occurred.
Plants and seeds
X's plants and seeds acceded irreversibly to Y's soil once they can taken root, but Y must pay expenses if X is in legal possession, since X will have the exceptio dolus malus against Y's vindicatio.Accession in relation to movables
The accessory accedes to the principal. The debate is generally over which is the principal and which is the accessory. The principal owner owns regardless of good faith, bad faith or consent. Possible tests that could be adopted in deciding this question include:- Economic value
- Size
- Physical identity
- Relative non-economic value in terms of aesthetic value, or labour, etc.
In Roman Law, there was no consistency. Everything was decided on a casuistic basis. The Physical Identity test was the dominant test, i.e. the principal is that which gives its name to the final product and the accessory is that which has its identity merged and lost in the identity of the other. However, there are a number of special cases with special, and rather idiosyncratic rules, which are as follows:
- Writing (scripture) and painting (pictura)
- Threads and garments (textura)
- Confusio and commixtio