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Accession (Natural accession (Fruits (Owner of thing owns fruit (Good…
Accession
Natural accession
Fruits
DEF: Things produced or derived from another thing without diminishing its value
Owner of thing owns fruit
Good faith
owns fruits she produced and gathered. If evicted by owner she is entitled to reimbursement for expenses of fruits ungathered
Bad faith
must restore the fruits gathered or their value to owner. She is entitled to expenses
Products
DEF: Things produced or derived from another thing with diminution of the latter thing’s substance
Owner of principal thing owns stuff that comes from it
Good faith
Entitled to reimbursement
Bad faith
Not entitled to reimbursement
Artificial Accession
Artificial Accession (IMMOVABLES)
Ownership
Presumption
EXCEPTION: Horizontal segregation
Owner owns everything on land
TERMS
Adverse possessor
Adverse bad faith possessor
Anyone who possesses a thing with intent to become owner and is not as a good faith possessor
Adverse GOOD FAITH possessor
Possesses thing with intent to become owner by act translative of ownership; ignores defects of his ownership
Improvements by ADVERSE POSSESSOR
Good faith
Reimbursed for improvements , ownership to landowner
Bad faith
Not reimbursed
Landowner can demolish at possessor expense
can keep improvements and owe current value of sep. improvements
Precarious possessor
Person who “possesses” thing with owner’s permission
Improvements made by precarious possessor
Large scale
W landowner permission
possessor owns, free appropriation by landowner
W/O landowner permission
landowner owns, possessor may seek compensation
Small scale
w/ landowner permission
possessor owns
demand for removal or compensated by land owner
w/o landowner permission
Landowner owns
possessor may seek compensation
Artificial Accession with MOVABLES
Manufacture
Mixture
Adjunction
Accession with land adjacent to bodies of water