Accession

English Law: Accession in the Past

The ownership of a thing, whether it be real or personal, movable or immovable, carries with it the right to all that the thing produces and to all that becomes united to it, either naturally or artificially; this is called the right of accession.

Developments

The doctrine of property (see more about this popular legal topic in the U.K. encyclopedia) arising from accession, is grounded on the right of occupancy.

Details

The original owner of any thing which receives an accession by natural or artificial means, as by the growth of vegetables, the pregnancy of animals; Louis. Code, art. 491; the embroidering of cloth or the conversion of wood or metal into vessels or utensils, is entitled to his right of possession to the property (see more about this popular legal topic in the U.K. encyclopedia) of it, under such its state of improvement; 5 H. 7, 15; 12 H. 8, 10; Bro. Ab. Propertie, 23; Moor, 20; Poph. 88. But the owner must be able to prove the identity of the original materials; for if wine, oil or bread, be made out of another man’s grapes, olives or wheat, they belong to the new operator, who is bound to make satisfaction to the former proprietor for the materials which he has so converted. 2 Bl. Com. 404; 5 Johns. Rep. 348; Betts v. Lee, 6 Johns. Rep. 169; Curtiss v. Groat, 10 Johns. 288; Babcock v. Gill, 9 Johns. Rep. 363; Chandler v. Edson, 5 H. 7, 15; 12 H. 8, 10; Fits. Abr. Bar. 144; Bro. Abr. property (see more about this popular legal topic in the U.K. encyclopedia), 23; Doddridge Eng. Lawyer, 125, 126, 132, 134. See Adjunction; Confusion of Goods. See Generally, Louis. Code, tit. 2, c. 2 and 3. [1][rtbs name=”history-of-english-law”]

Resources

Notes and References

1. Partialy, this information about accession is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including accession.

See Also