[3] Examples: A tree sapling owned by C is planted in a garden owned by B; a cow belonging to F impregnates a cow belonging to G, thereby acceding ownership of the calf foetus to G. Industrial, or human, accession (accessio artificialis) occurs when property is merged artificially,[3] such as by welding, drilling or other permanent affixment.
Viscount Stair was of the opinion that accession can occur irrespective of the consent[8] or bad faith in the merger of the accessory and principal.
[5] However, ownership of the accessory does not fall by occupatio to the removing individual but is widely considered to remain with the owner of the principal before the accession.
However, there is authority in Scots law that the original owner of the accessory obtains ownership so this rule may subject to subsequent clarification,[21] eg: the young tree planted by C in the garden belonging to D, uprooted and stolen by E would legally belong to C again under this interpretation of the law of accession.
Moveable accessories that have acceded to a heritable principal are known as fixtures, with similar concepts of the same name found in other legal jurisdictions.
However it is possible for the weight of a fitting alone to cause it to accede to the heritable property, irrespective of the physical union to the land.
A notable example of this is the keys to a house or moveable parts of a machine that itself is a fixture of heritable property.
[26] As discussed above, due to the narrow test for fixtures, it is common practice for fittings to also be included in the sale and subsequent transfer in any event, either expressly or impliedly as a matter of Scots contract law.
[27] It is common practice, for example in the missives of sale of a house, to include certain fittings such as whitegoods or curtains, as is the case with the Scottish Standard Clauses.
It should not be confused with avulsion, which occurs when there is a deposit of sediment after a heavy storm or other weather event.
The institutional writers considered there were three cases where accession of fruits occurs:[29] Animal young in the womb belong to the owner of the mother while the offspring remains in utero (gestation period or pregnancy).
Trees, plants and other crops accede to the land (heritable accessory) in which they take root.