have title by prescription, accession, transfer, will or succession. Jackson v. Hazen, 2 Johns., 22; Smith v. Lorillard. 10 id., 338; Jackson v. Denn, 5 Cow., 200; see Spencer v. Tobey, 22 Barb., 260; Clute v. Voris, 31 id., 511. S 441. Occupancy for the period prescribed by the CODE OF CIVIL PROCEDURE as sufficient to bar an action for the recovery of the property, confers a title thereto, denominated a title by prescription, which is sufficient against all. TITLE III. ACCESSION. CHAPTER I. To real property. Fixtures Alluvion. CHAPTER I. ACCESSION TO REAL PROPERTY. SECTION 442. Fixtures. 443. Alluvion. 444. Sudden removal of bank. 445. Islands, in navigable streams. 446. In unnavigable streams. 447. Islands formed by division of stream. 448. Abandoned bed of stream. § 442. When a person affixes his property to the land of another, without an agreement permitting him to remove it, the thing affixed belongs to the owner of the land, unless he chooses to require the former to remove it. $ 443. Where, from natural causes, land forms by imperceptible degrees1 upon the bank of a river or stream, navigable or not navigable, either by accumulation of material, or by the recession of 'Halsey v. McCormick, 18 N. Y., 147; Emans v. Turn- * Emans v. Turnbull, 2 Johns., 313. • Code Napoleon, Art. 556, 557. moval of S 444. If a river or stream, navigable or not navi- Sudden regable, carries away, by sudden violence, a considera- bank. ble and distinguishable part of a bank, and bears it to the opposite bank, or to another part of the same bank, the owner of the part carried away may reclaim it, within a year after the owner of the land to which it has been united takes possession thereof. This and the four sections following are similar to those navigable $445. Islands, and accumulations of land, formed Islands in in the beds of streams which are navigable, belong streams. to the state, if there is no title or prescription to the contrary. § 446. An island, or an accumulation of land, formed in a stream which is not navigable, belongs to the owner of the shore on that side where the island or accumulation is formed, or, if not formed on one side only, to the owners of the shore on the two sides, divided by an imaginary line drawn through the middle of the river. S447. If a stream, navigable or not navigable, in forming itself a new arm, divides itself and surrounds land belonging to the owner of the shore, and thereby forms an island, the island belongs to such owner. bed of S 448. If a stream, navigable or not navigable, Abandoned forms a new course, abandoning its ancient bed, the stream. owners of the land newly occupied take, by way of indemnity, the ancient bed abandoned, each in proportion to the land of which he has been deprived. Accession by uniting several things. Principal part, what. Id. CHAPTER II. ACCESSION TO PERSONAL PROPERTY. The provisions of this chapter, except § 455, are similar to those of the Code Napoleon and the Code of Louisiana. SECTION 449. Accession by uniting several things. 452. Uniting materials and workmanship. 453. Inseparable materials. 454. Materials of several owners. 455. Willful trespassers. 456. Owner may elect between the thing and its value. $449. When things belonging to different owners have been united so as to form a single thing, and cannot be separated without injury, the whole belongs to the owner of the thing which forms the principal part, who must, however, reimburse the value of the residue to the other owner, or surrender the whole to him. $ 450. That part is to be deemed the principal, to which the other has been united only for the use, ornament or completion of the former, unless the latter is the more valuable, and has been united without the knowledge of its owner, who may, in the latter case, require it to be separated and returned to him, although some injury should result to the thing to which it has been united. S 451. If neither part can be considered the principal, within the rule prescribed by the last section, the more valuable, or, if the values are nearly equal, the more considerable in bulk, is to be deemed the principal part. materials manship. $452. If one makes a thing from materials be- Uniting, longing to another, the latter may claim the thing and work. on reimbursing the value of the workmanship, unless the value of the workmanship exceeds the value of the materials, in which case the thing belongs to the maker, on reimbursing the value of the materials. ble mate S453. Where one has made use of materials Insepara which in part belong to him and in part to another, rials. in order to form a thing of a new description, without having destroyed any of the materials, but in such a way that they cannot be separated without inconvenience, the thing formed is common to both proprietors; in proportion, as respects the one, of the materials belonging to him, and as respects the other, of the materials belonging to him and the price of his workmanship. of several owners. $454. When a thing has been formed by the Materials admixture of several materials of different owners, and neither can be considered the principal substance, an owner, without whose consent the admixture was made, may require a separation, if the materials can be separated without inconvenience. If they cannot be thus separated, the owners acquire the thing in common, in proportion to the quantity, quality, and value of their materials; but if the materials of one were far superior to those of the others, both in quantity and value, he may claim the thing on reimbursing to the others the value of their materials. trespassers. $455. The foregoing sections of this article are willful not applicable to cases in which one willfully uses the materials of another without his consent; but, in such cases, the product belongs to the owner of the material, if its identity can be traced. Silsbury v. McCoon, 3 N. Y., 379. Owner may tween the elect be $ 456. In all cases where one, whose material has been used without his knowledge, in order to form a product of a different description, can its value. thing and Wrongdoer liable in damages. claim an interest in such product, he has an option to demand either restitution of his material, in kind, in the same quantity, weight, measure, and quality, or the value thereof; or where he is entitled to the product, the value thereof in place of the product. $ 457. One who wrongfully employs materials belonging to another, is liable to him in damages, as well as under the foregoing provisions of this chapter. TITLE IV. TRANSFER. CHAPTER I. Transfer in general. II. Transfer of real property, III. Transfer of personal property. V. Unlawful transfers. The obligations of the parties to a transfer for considera. tion, or to a contract of hiring, are regulated by the titles on Sales, on Exchange, and on Hiring. Transfers in trust for the benefit of creditors are regulated by the Part on Debtor and Creditor. CHAPTER I. TRANSFER IN GENERAL. ARTICLE I. Definition of transfer. II. What may be transferred. III. Mode of transfer. IV. Interpretation of grants. V. Effect of transfer. ARTICLE I. DEFINITION OF TRANSFER. SECTION 458. Transfer, what. 459. Transfer a contract. |