What is accession in Scots property law?
Accession is a method of original acquisition in Scots property law where one item, known as the accessory, merges with another object called the principal. This legal concept derives from Roman law and applies to both moveable and heritable property. Unlike other modes of acquisition, accession does not create a new object.
What we know
- Accession is a method of original acquisition of property under Scots property law that derives from Roman law. [1, 2]
- It allows an accessory item to merge with or accede to a principal object, which can be either moveable or heritable. [2]
- Accession does not produce a new object in the way that specificatio does. [2]
Where to go next
- compared withHow does specificatio differ from accession?
- how we knowWhat was the ruling in Brand's Trustees v Brand's Trustees?
- the bigger pictureWhat is original acquisition in property law?
- how it workedHow does Roman law influence modern property doctrines?
- a case in pointWhat happens when a tree accedes to land?
- an unexpected connectionHow does Roman legal history shape modern Scottish land ownership?Ancient Roman legal concepts directly dictate modern Scottish property outcomes, such as who owns a tree planted on a piece of land.
Sources
- [1]accession (Wikidata Q96371432) · CC0 1.0
- [2]Accession (Scots law) · CC BY-SA 4.0
- [3]English property law · CC BY-SA 4.0
- [4]Freehold (law) · CC BY-SA 4.0
- [5]Scotland · CC BY-SA 4.0