Learning Real Estate One Word (or phrase) at a Time…

The Language of Real Estate
Accession
The acquisition of title to additional land or to improvements as a result of the annexation of fixtures or as a result of alluvial deposits along the banks of streams by accretion.
Accession occurs when an individual or entity gains ownership of additional property as a result of it becoming physically united with their existing property, and the new property becomes part of the original property.
For example, if Ben Brown builds a fence on his neighbor’s property without an agreement permitting Brown to remove it, ownership of the fence accedes to the neighbor, unless the neighbor requires that it be removed.
Common scenarios in real estate where the principle of accession may apply:
Improvements and Attachments: If a person makes improvements or additions to a piece of land or a building that they already own, and these improvements become a permanent part of the property, accession comes into play. For example, if someone builds a new structure on their land or adds fixtures to a building, these improvements typically become part of the property.
Fruits and Crops: Accession can also apply to crops and fruits produced by the land. When someone owns land, the crops and fruits that naturally grow on that land typically become their property.
Adjacent Land: If soil or natural elements gradually accumulate on a person’s land, and it becomes physically connected with their existing property, accession may be invoked.
In all these cases, the key is that the additional property becomes part of the original property through some natural or human-made process. The legal principle of accession helps determine ownership rights in situations where property boundaries might otherwise be unclear.
It’s important to note that specific laws and regulations regarding accession can vary by jurisdiction, so the application of this principle may differ depending on the legal framework in a particular area. If you encounter a situation involving accession in real estate, consulting with a legal professional or real estate expert in that jurisdiction is advisable for accurate guidance.
(See accretion, alluvion, annexation, fixture, improvements.)

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