Accession

Question 1

Accession (generally)

Answer 1

Ownership of a thing includes by accession everything that it produces or is united with it, subject to certain exceptions.

Question 2

What are “fruits?”

Answer 2

Fruits are things derived from or produced by another thing without diminution of its substance.

Question 3

Possessor’s Rights to Fruits

Answer 3

Whether a possessor of a thing acquires ownership of its fruits turns primarily on whether he is a good faith possessor.

1. Good Faith Possessor
   A good faith possessor owns the fruits that he has gathered. He does not own ungathered fruits, but he is entitled to reimbursement of expenses for them.
2. Bad Faith Possessor
   A possessor in bad faith must restore the fruits he has gathered (or their value), subject to his claim for reimbursement of expenses. He has no rights respecting ungathered fruits.

The owner of a thing acquires the ownership of its fruits in the absence of the rights of other persons.

Question 4

What are “products”?

Answer 4

Unlike fruits, products result in a diminution of a thing (i.e. nonrenewable resources such as oil). Products belong to the owner of the thing. A possessor in good faith only has the right to reimbursement for expenses incurred for products.

Question 5

Accession in Relation to Immovables

Answer 5

Unless otherwise provided by law, ownership of a tract of land carries with it the ownership of everything that is directly above or under it.

Question 6

Ownership of Improvements

Answer 6

Separate ownership of improvements–namely buildings, other constructions permanently attached to the ground, standing timber, and unharvested crops and ungathered fruits is permissible.