BOOK III. Pt. I. Ch. 1. a Cf. Blackstone, ii. 404 (Steph. ii. 2122). pars ex his fisco vindicaretur; item si in Caesaris possessione repertus fuerit, dimidiam aeque partem fisco vindicari.-D. 49, 14, 3, § 10.1 § 84. COMBINATION AND INTERMIXTURE (ACCESSIO, COMMIXTIO, CONFUSIO.) The following species of acquisition obtain prominence by the fact that they require no special act of acquisition for the acquisition of the ownership; the new ownership, rather brought about by one already existing of the acquirer, naturally devolves upon him. They all rest upon changes experienced by a thing already subject to ownership, so that, if a strict view be taken, no new right of ownership arises. Acquisition of ownership by 'accessio,' that is, increase to a thing or combination with it, whether in respect of immovables or movables." The owner of an estate naturally acquires the ownership (1) of the natural enlargement of it by 'alluvio' (gradual and unobserved deposit of earth), avulsio,' ‘insula in flumine nata,' and 'alvei mutatio' (alteration in the bed of the river). Gai. Praeterea quod per alluvionem agro nostro flumen adiicit, iure gentium nobis adquiritur; per alluvionem autem id videtur adiici, quod ita paulatim adiicitur, ut intelligere non possumus, quantum quoque momento temporis adiiciatur. Quodsi vis fluminis partem aliquam ex tuo praedio detraxerit et meo praedio attulerit, palam est eam tuam manere; plane si longiore 1 The imperial brothers ordained that, if treasure have been found at places belonging to the treasury, or at public places, or in burying grounds, a moiety thereof should be claimed for the treasury; and likewise if such have been found upon property of the Emperor, a moiety should all the same be claimed for the treasury. Pt. I. Ch. 1. tempore fundo meo haeserit arboresque, quas BOOK III. Flor. In agris limitatis ius alluvionis locum Insula in flumine nata ... si quidem mediam partem fluminis tenet, communis est corum, qui ab utraque parte fluminis prope ripam praedia possident, pro modo latitudinis cuiusque praedii, quae latitudo prope ripam sit; quodsi alteri parti proximior sit, eorum est tantum, qui ab ea parte prope ripam praedia possident.— 1. 7, § 3 eod.3 Quodsi toto naturali alveo relicto flumen alias fluere coeperit, prior quidem alveus eorum est, qui prope ripam praedia possident, pro modo scilicet latitudinis cuiusque praedii, quae latitudo prope ripam sit; novus autem alveus eius iuris esse incipit, cuius et ipse flumen, id est publicus iure gentium.-Ibid. § 5.* Moreover, what a river adds to cur field by alluvion is according to the i. g. acquired by us. Now by alluvion that appears to be added which is added so gradually that we cannot perceive the extent of the increase at any instant of time. But if the force of the river has torn away some portion from your estate and has carried it to mine, that manifestly remains yours. If for a considerable time it be attached to my field, and trees which it has carried with it have spread their roots into my land, from that time it is considered to be appurtenant to my land. 2 It is settled law that the right of alluvion does not obtain in lands with allotted boundaries. 3 An island that has arisen in a river, if it occupies the middle thereof, is the common property of those who possess lands along the bank on either side of the river, in proportion to the breadth of each piece of land along the bank; but if it be nearer to one side than the other, it belongs to them alone that possess lands along the bank on that side. If a river have entirely left its natural bed and begun to (2) All that through tillage (as long as the tillage exists), planting or sowing becomes (for ever) an integral part of the ground and soil." Gai. ii. §§ 73-75: Praeterea id quod in solo nostro ab aliquo aedificatum est, quamvis illo suo nomine aedificaverit, iure naturali nostrum est, quia superficies solo cedit. § Multoque magis id accidit et in planta, quam quis in solo nostro posuerit, si modo radicibus terram complexa fuerit. § Idem contingit et in frumento, quod in solo nostro ab aliquo satum fuerit.' Paul. Item si quis ex alienis caementis in solo suo aedificaverit, domum quidem vindicare poterit, caementa autem resoluta prior dominus vindicabit.-D. 6, 1, 23, 7.3 Ulp. Redemptores, qui suis caementis aedificant, statim caementa faciunt eorum, in quorum solo aedificant.-1. 39 pr. eod.3 Paul. Arbor radicitus eruta et in alio posita ubi coaluit, agro cedit, et si rursus eruta sit, non ad priorem dominum revertitur.-1. 26, § 2, D. h. t. take another course, the earlier bed belongs to those who possess lands along the bank, and that according to the proportion of the breadth of the land of each along the bank; but the new bed begins to be of the same character as the river itself, that is, to be public according to the i. g. 1 Moreover, that which has been built on our land by any one, although he may have built it on his own account, by natural Law becomes ours, because the superstructure goes with the soil. § Much more does this apply in respect of a plant which a man has placed in our ground, provided only it has laid hold of the earth with its roots. § The same happens with corn sown in our ground by any one. 2 Similarly, he that has built with another's stone on his own ground will be able to claim the house by vindicatio, but the former owner of the stone will have a claim by vindicatio for it if it has been broken up. 3 Contractors who build with their own stone forthwith make the stone the property of those on whose land they build. A tree plucked up by the roots and transplanted elsewhere, BOOK III. Pt. I. Ch. I. The acquisition of ownership by accession in the narrower sense obtains when with one's own thing another's is mechanically united-not in consequence of a contract-so as to be inseparable (i.e., indivisible, without prejudice to the integrity of the combined thing) in such way that the latter by the combination perpetually loses its independent character and appears as a mere portion of the former. Ownership of the former (the material whole, PRINCIPAL thing) carries with it ownership of that to which it is united (part, ACCESSORY thing), which ownership is continuous, yet temporary in respect of a combination that is separable." a Cf. § 73. : Paul. Gemma inclusa auro alieno vel sigillum candelabro vindicari non potest, sed ut excludatur, ad exhibendum agi potest.-D. 10, 4, 6.1 Iul. Habitator in aliena aedificia fenestras et ostia imposuit, eadem post annum dominus aedificiorum dempsit. . . . Respondit . . . quae alienis aedificiis connexa essent, ea quamdiu iuncta manerent, eorundem aedificiorum esse, simul atque inde dempta essent, continuo in pristinam causam reverti.—D. 6, 1, 59. Paul. Si quis rei suae alienam rem ita adiecerit, ut pars eius fieret, veluti si quis statuae suae brachium aut pedem alienum adiecerit, aut . mensae pedem, dominum eius totius rei effici vereque statuam suam dicturum . . when it has taken root goes with the soil, and if it be again uprooted, does not return to the former owner. A jewel enclosed in a gold ornament belonging to another, or a medallion in a bracelet, cannot be claimed by vindicatio, but proceedings can be taken for its delivery, that it may be detached. 2 The occupier has put windows and doors into buildings owned by another, and the proprietor of the buildings has after the space of a year taken them away. . . . The answer is that things attached to buildings owned by others belong to the same while they continue so united, but as soon as they have been detached, they revert at once to their former condition. D D plerique recte dicunt.-Si statuae meae brachium alienae statuae addideris, non posse dici brachium tuum esse, quia tota statua uno spiritu continetur. -1. 23, §§ 2, 5 eod.' Id. Proculus indicat hoc iure nosuti, quod Servio et Labeoni placuisset: in quibus propria qualitas rei spectaretur, si quid additum erit, toti cedit, ut statuae pes aut manus, scypho fundus aut ansa, lecto fulcrum, navi tabula, aedificio. caementum tota enim eius sunt, cuius ante fuerant.-1. 26, § 1, D. h. t. As particular cases of indivisible combination there. are (1) Embroidery and the like. Si alienam purpuram quis intexuit suo vestimento, licet pretiosior est purpura, accessionis vice cedit vestimento.-§ 26, I. h. t. (= de R. D. 2, 1).3 (2) Ferruminatio,' i.e., every combination effecting cohesion whereby a simple thing a comes into existence. Item quaecumque aliis iuncta sive adiecta accessionis loco cedunt, ea quamdiu cohaerent, 1 If a man have united a thing belonging to another with his own in such a way that it has become a part thereof, for instance, an arm or foot belonging to another with his own statue or . . . a foot with a table, very many are right in saying that he becomes owner of the whole thing, and can rightly call the statue his own.-If you add to my statue the arm of another, it cannot be said that the arm is yours, because the statue constitutes a single whole. 2 Proc. says that our Law is what Serv. and Lab. supposed, that in respect of things in which regard would be had to the peculiar character of the object, if the thing have been united to something else, it follows the whole, as a foot or hand with a statue, a stand or handle with a goblet, a support with a bed, a plank with a ship, building stone with a building; for the whole continues to belong to him whose it was before. 3 If a man have woven into his own garment purple owned by another, although the purple be more valuable as an accessory to the garment. |